Ordered that the order is affirmed, without costs or disbursements.
The defendant contends that the Supreme Court erred in denying his application for a downward departure from his presumptive level three risk assessment. "However, a court may not downwardly depart from the presumptive risk level unless it concludes that there exists a mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines" (People v Martin...
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