Opinion
April 3, 1981
Application by Patrick J. Brophy, who was convicted on January 12, 1981 in the United States District Court for the Western District of New York, upon a verdict, of the misdemeanor of willfully depriving an individual of rights secured to him by the United States Constitution in violation of sections 242 and 2 of title 18 of the United States Code, to set aside his automatic suspension as an attorney pursuant to section 90 (subd 4, par f) of the Judiciary Law. The applicant alleges that his conviction stems from an inadvertent violation of a prosecutor's duty not to withhold evidence favorable to an accused and urges that the interests of justice will best be served by a stay of his suspension pending the determination of an appropriate sanction by this court after a hearing. Application granted and applicant's automatic suspension is set aside pending the further order of this court and applicant is directed to show cause on Monday, May 4, 1981 at 1:30 P.M. why a final order of suspension, censure or removal from office should not be made pursuant to section 90 (subd 4, par g) of the Judiciary Law. Sweeney, J.P., Main, Mikoll, Yesawich, Jr., and Herlihy, JJ., concur.