
    The People of the State of New York, Respondent, v David Rodriguez, Appellant.
    [955 NYS2d 867]
   The court providently exercised its discretion in declining to grant defendant a downward departure (see People v Pettigrew, 14 NY3d 406, 409 [2010]). The mitigating factors he cites were outweighed by the seriousness of the underlying sex crime, which resulted in the death of the victim, as well as by defendant’s criminal history and his prison disciplinary infractions. Defendant has not established that his medical condition eliminates any significant risk of reoffense. Concur — Friedman, J.P., Acosta, Renwick, Richter and Román, JJ.  