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).

Per Curiam.

Order (Robert Mandelbaum, J.), dated March 12, 2008, affirmed, without costs.

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[5][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 [2007]). 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 [7]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 18, 2009