It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining, inter alia, that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). We conclude that Supreme Court's determination, adopting the recommendation of the Board of Examiners of Sex Offenders to depart from the presumptively correct classification of defendant as a level two risk, is based upon clear and convincing evidence ( see People v. Stevens, 4 AD3d 786, lv denied 2 NY3d 705; People v. Skellen, 4 AD3d 863, lv denied 2 NY3d 705). Furthermore, the presumptive risk level did not fully take into account the level of violence that defendant used against the victim; that defendant directed his two codefendants to perpetrate sexual acts upon the victim; and that the victim's young child was in the home at the time the crimes were committed ( see Stevens, 4 AD3d at 786-787). Defendant's remaining contentions are either not preserved for our review or are without merit.