People v. Nesbit (143 A.D.3d 501, 2016)

Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about November 15, 2012, 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 guidelines, and were outweighed by the circumstances of the underlying crime and defendant’s criminal history.

Concur — Mazzarelli, J.P., Sweeny, Acosta, Moskowitz and Gesmer, JJ.