
    The People of the State of New York, Respondent, v Thomas Frazier, Appellant.
    [998 NYS2d 631]—
   Order, Supreme Court, New York County (Charles H. Solomon, J), entered on or about October 30, 2013, which adjudicated defendant a level three sexually violent 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, 861 [2014]). The mitigating factors cited by defendant did not warrant a departure when viewed in light of defendant’s criminal history and the seriousness of the underlying crime.

Concur — Mazzarelli, J.P., Renwick, DeGrasse, Richter and Clark, JJ.  