
    The People of the State of New York, Respondent, v Edgar Montano, Appellant.
    [936 NYS2d 889]
   The court properly exercised its discretion in declining to grant a downward departure from defendant’s presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). The mitigating factors asserted by defendant were adequately taken into account by the risk assessment instrument (see e.g. People v Hansford, 67 AD3d 496 [2009]). Concur — Mazzarelli, J.P, Saxe, Catterson, Acosta and Román, JJ.  