
    The People of the State of New York, Respondent, v Johnelle Perez, Appellant.
    [38 NYS3d 803]
   Order, Supreme Court, New York County (Eduardo Padró, J.), entered on or about May 7, 2015, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant 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 outweighed by aggravating factors, including the seriousness of the underlying offense.

Concur — Tom, J.P., Renwick, Manzanet-Daniels, Gische and Webber, JJ.  