
    The People of the State of New York, Respondent, v Tong Khuu, Appellant.
    [60 NYS3d 662]
   Order, Supreme Court, New York County (Michael J. Obús, J.), entered on or about May 23, 2016, 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.

We find no basis for a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, or were outweighed by the seriousness of the underlying sex crime.

Concur — Sweeny, J.P., Renwick, Kapnick, Kern and Moulton, JJ.  