People v. Gehm
Opinion
It appears you are using Adblock. Please disable Adblock to best experience our website.
Bureau Thomas J.K. Smith, State Reporter
People v Gehm
2026 NY Slip Op 04704
July 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v
ROBERT B. GEHM, DEFENDANT-APPELLANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on July 24, 2026
546 KA 25-01239
Present: Whalen, P.J., Curran, Montour, Greenwood, And Nowak, JJ.
DANIEL M. GRIEBEL, TONAWANDA, FOR DEFENDANT-APPELLANT.
MICHAEL J. KEANE, DISTRICT ATTORNEY, BUFFALO (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.
Appeal from an order of the Erie County Court (Kenneth F. Case, J.), entered April 25, 2025. The order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act.
[*1]It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: On appeal from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends only that County Court erred in assessing points against him under risk factors 9 and 13. We conclude that the record is insufficient to permit meaningful appellate review of that contention inasmuch as defendant has failed to include in the record the risk assessment instrument and the case summary on which the court relied in determining his risk level (see People v Davis, 17 AD3d 1155, 1155 [4th Dept 2005]). In any event, as defendant acknowledges, his contention that the court erred in assessing points under risk factors 9 and 13 is academic because, even without the 15 points at issue, defendant would still qualify as a level two risk (see People v Ellis, 204 AD3d 1388, 1390 [4th Dept 2022]; People v Robinson, 160 AD3d 1441, 1442 [4th Dept 2018]).
Entered: July 24, 2026
Ann Dillon Flynn
Clerk of the Court
Links to or from other sites do not signify endorsement or relationship with them.
Free access — add to your briefcase to read the full text and ask questions with AI
People v. Gehm (People v. Gehm) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.