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Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04718

People v Gutschow

Read the official decision: 2026 NY Slip Op 04718

Holding The court affirmed the determination that the defendant is a level two risk under the Sex Offender Registration Act. The appellate court found that the People established by clear and convincing evidence that aggravating circumstances, including a large quantity of child sexual abuse material and self-reported addiction, justified an upward departure from the presumptive risk level.

The court’s words

defendant had a large quantity of child sexual abuse material as well as his longstanding use of and

2026 NY Slip Op 04718, at the official text

weighing the aggravating and mitigating factors, abused its discretion when it granted the People's request

2026 NY Slip Op 04718, at the official text
CourtAppellate Division, Fourth Department
DecidedJuly 24, 2026
Citation2026 NY Slip Op 04718
Area of lawSex Offender Registration · Criminal Law
WeekWeek ending July 25, 2026
Official textOfficial decision: 2026 NY Slip Op 04718
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id617

Recommended citation

ESQ HQ, New York Law Watch, People v Gutschow, 2026 NY Slip Op 04718 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04718/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published July 24, 2026. Updated July 24, 2026.