Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 18, 2012, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
A downward departure from a sex offender’s presumptive risk level generally is warranted only where “there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account” by the Sex Offender Registration Act (hereinafter SORA) Guidelines (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006]; see People v Fryer, 101 AD3d 835, 836 [2012]; People v Bowens, 55 AD3d 809, 810 [2008]; People v Taylor, 47 AD3d 907, 908 [2008]; People v Burgos, 39 AD3d 520, 520 [2007]; People v Hines, 24 AD3d 524, 525 [2005]). “A defendant seeking a downward departure has the initial burden of (1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, that is otherwise not adequately taken into account by the SORA Guidelines; and (2) establishing the facts in support
To the extent that the defendant established facts that might warrant a downward departure from his presumptive risk level designation, upon examining all of the relevant circumstances, the County Court providently exercised its discretion in denying the defendant’s application for a downward departure (see People v Fryer, 101 AD3d at 836; cf. People v Goossens, 75 AD3d 1171, 1171-1172 [2010]; People v Brewer, 63 AD3d 1604, 1605 [2009]). Accordingly, the defendant was properly designated a level two sex offender. Angiolillo, J.R, Dickerson, Sgroi and Hinds-Radix, JJ., concur.