
    The People of the State of New York, Respondent, v Mario Quintana, Appellant.
    [17 NYS3d 866]
   Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered May 31, 2013, convicting defendant, upon his plea of guilty, of criminal sexual act in the second degree, and sentencing him to a term of 10 years’ probation, unanimously affirmed. Order, same court and Justice, entered on or about August 6, 2013, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in declining to grant a downward departure {see People v Gillotti, 23 NY3d 841 [2014]). Defendant’s lack of a sex crime history was adequately taken into account by the risk assessment instrument, and his claims that his advanced age and familial-like relationship with the child victim tend to minimize his risk of reoffending are unpersuasive (see People v McFarland, 120 AD3d 1121, 1122 [1st Dept 2014], lv denied 24 NY3d 1053 [2014]; People v Rodriguez, 67 AD3d 596, 597 [1st Dept 2009], lv denied 14 NY3d 706 [2010]).

Concur — Sweeny, J.P., Saxe, Richter and Gische, JJ.  