Appellate Division of the Supreme Court of the State of New York December 22, 2016, 2519 2358/11 (People v. Ponce)

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered September 23, 2015, which adjudicated defendant a level two sexually violent 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]).