Appeal by the defendant from an order of the Supreme Court, Richmond County (Meyer, J.), dated March 21, 2012, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The People established, by clear and convincing evidence, that the defendant had previously been convicted of a felony sex crime (see People v Goods, 121 AD3d 660 [2014]; People v Smalls, 120 AD3d 1145 [2014]; People v Carter, 85 AD3d 995 [2011]). Therefore, the defendant was presumptively a level three sex offender pursuant to an automatic override address*687ing prior felony convictions for sex crimes, irrespective of the points scored on the risk assessment instrument (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 3-4 [2006]; People v Barfield, 115 AD3d 835 [2014]). Further, the Supreme Court properly denied the defendant’s application for a downward departure from the presumptive risk level (see People v Gillotti, 23 NY3d 841, 861 [2014]; People v Wyatt, 89 AD3d 112, 128 [2011]). Rivera, J.P., Dickerson, Miller and Maltese, JJ., concur.