THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ROBERT GEHM DEFENDANT APPELLANT (2026)

MEMORANDUM AND ORDER

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