Appellate Division, First Department · October 6, 2026 · 2026 NY Slip Op 05737
People v Gutierrez
Read the official decision: 2026 NY Slip Op 05737
Holding The court affirmed the conviction and sentence but modified the judgment to strike the probation condition requiring consent to searches of the defendant’s person, vehicle, or abode. The court found this specific condition was not reasonably related to the defendant’s rehabilitation, while upholding other probation conditions as reasonably necessary.
The court’s words
striking the condition of probation requiring him to consent to a search by a probation officer of his person, vehicle, or place of abode
2026 NY Slip Op 05737, at the official text
we review it in the interest of justice and strike this condition because it is not reasonably related to defendant's rehabilitation
2026 NY Slip Op 05737, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 6, 2026 |
| Citation | 2026 NY Slip Op 05737 |
| Area of law | Criminal Law |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05737 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 959 |
| Related records | People v Gutierrez, 2026 NY Slip Op 05486 |
Recommended citation
ESQ HQ, New York Law Watch, People v Gutierrez, 2026 NY Slip Op 05737 (Appellate Division, First Department, October 6, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05737/
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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