MEMORANDUM AND ORDER
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 designating him a level three offender under the Sex Offender Registration Act (Correction Law § 168 et seq.). The total risk factor score on the risk assessment instrument (RAI) prepared by the Board of Examiners of Sex Offenders (Board) presumptively classified defendant as a level two offender, but the Board recommended an upward departure to level three based upon factors not adequately taken into account by the RAI. County Court agreed with the Board that an upward departure from the presumptive risk level classification was warranted ( see People v. Stevens, 4 A.D.3d 786 [Feb. 11, 2004]; People v. Delmarle [appeal No. 1], 2 A.D.3d 1446 [Dec. 31, 2003]; Matter of O'Brien v. State of New York Div. of Probation Correctional Servs., 263 A.D.2d 804, 805-806, lv denied 94 N.Y.2d 758), and we conclude that the court's designation of defendant as a level three offender is supported by clear and convincing evidence ( see § 168-n [3]; People v. Bottisti, 285 A.D.2d 841, 841-842).