PEOPLE v. WARD

The court providently exercised its discretion in declining to grant defendant a downward departure from his presumptive risk level ( See People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421). The mitigating factors he cites are unpersuasive, and were in any event outweighed by the seriousness of the underlying sex crime against a very young child ( see e.g. People v Mantilla, 70 AD3d 477, 478, lv denied 15 NY3d 706; People v Rodriguez, 67 AD3d 596, 597, lv denied 14 NY3d 706).