People v. Freeman

Order, Supreme Court, Bronx County (Ralph Fabrizio, J.), entered on or about August 3, 2016, which adjudicated defendant a level three predicate sex offender pursuant to the Sex Of *424 fender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, or were outweighed by the seriousness of the underlying crime and defendant’s criminal history.