
    The People of the State of New York, Respondent, v Gary Cox, Appellant.
    [67 NYS3d 491]
   Appeal by the defendant from an order of the Supreme Court, Kings County (Michael J. Brennan, J.), dated September 23, 2015, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

The defendant appeals from his designation as a level three sex offender pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]).

The Supreme Court properly determined that the defendant was presumptively a level three sex offender as a result of the automatic override resulting from his two prior felony convictions for sex crimes (see People v Locklear, 154 AD3d 888, 889 [2017]; People v Fessel, 149 AD3d 1113, 1114 [2017]).

The Supreme Court also providently exercised its discretion in denying the defendant’s application, in effect, for a downward departure from his presumptive risk level designation. To the extent that the defendant contends that he was entitled to a downward departure as a result of his unblemished prison disciplinary record, his contention is unpreserved for appellate review, as he did not rely on this factor before the Supreme Court (see People v Cosby, 154 AD3d 789, 790 [2017]; People v Jara, 150 AD3d 1159 [2017]). In any event, even assuming that the factors identified by the defendant constituted mitigating circumstances not adequately taken into account by the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006), the totality of the circumstances did not warrant a departure to avoid an over-assessment of the defendant’s dangerousness and risk of sexual recidivism (see People v Gillotti, 23 NY3d 841, 861 [2014]; People v Goldman, 150 AD3d 905, 906-907 [2017]).

Hall, J.P, Austin, Sgroi and Christopher, JJ., concur.  