The court did not err in assessing 10 points under the risk factor for conduct while confined. Defendant‘s tier III (highest level) prison disciplinary infraction was neither trivial nor remote. There were no special circumstances warranting a downward departure (seePeople v Guaman, 8 AD3d 545 [2004]).
Concur—Andrias, J.P., Marlow, Nardelli, Sweeny and McGuire, JJ.
