Opinion
570269/08.
Decided February 18, 2009.
Defendant appeals from an order of Criminal Court of the City of New York, New York County (Robert Mandelbaum, J.), dated March 12, 2008, which adjudicated him a level two sex offender under the Sex Offender Registration Act (Correction Law art 6-C).
Order (Robert Mandelbaum, J.), dated March 12, 2008, affirmed, without costs.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
The record supports the court's discretionary upward departure to a level two sex offender adjudication. The court properly considered and weighed defendant's extensive criminal record, which included prior sex offenses, in assessing defendant's risk of reoffending. An assessment of a sex offender's risk of reoffending and threat to public safety is properly based upon criminal history factors, including the number, date and nature of prior offenses (Correction Law § 168-l[b][iii]), and the relative remoteness of a prior sex offense does not preclude the court's reliance thereon in assessing the risk posed by an offender ( see People v Oginski, 35 AD3d 952). Defendant's present objection to being designated a "predicate sex offender" is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we conclude that it is without merit ( see Correction Law § 168-a).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.