Opinion
June 17, 1999.
Disciplinary Proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent was admitted to the Bar on December 12, 1966, at a term of the Appellate Division of the Supreme Court in the First Judicial Department, as Bernard Barrie Cohen.
Deborah A. Scalise and Sarah Jo Hamilton of counsel ( Thomas J. Cahill, attorney), for petitioner.
Joseph R. DeMatteo for respondent.
Respondent Bernard B. Cohen was admitted to the practice of law in the State of New York by the First Judicial Department on December 12, 1966, as Bernard Barrie Cohen. At all times relevant to this proceeding, respondent maintained an office for the practice of law within the First Judicial Department.
Petitioner Departmental Disciplinary Committee seeks an order striking respondent's name from the roll of attorneys pursuant to Judiciary Law § 90 (4) (b) upon the ground that he has been disbarred upon his conviction of a felony as defined by Judiciary Law § 90 (4) (e). In support, petitioner has submitted evidence that on November 23, 1998, respondent pleaded guilty in the Supreme Court of the State of New York, County of New York, to three counts of falsifying business records in the first degree (Penal Law § 175.10), which is a class E felony, and two counts of campaign contribution to be under true name of contributor (Election Law § 14-120 Elec. [1]), which is an unclassified misdemeanor.
We reject respondent's argument that because the plea was not entered with the Clerk of the Court at the time he pleaded guilty that he was not automatically disbarred under Judiciary Law § 90 (4) (b) and this Court is without the authority to strike his name from the roll of attorneys. By admitting to facts constituting the above-stated crimes and by having his pleas accepted by the Court, respondent was convicted of the said crimes within the meaning of section 90 Jud. (4) (b). The fact that the technical act of having the plea entered with the Clerk of the Court was not completed should not defeat the purpose of Judiciary Law § 90 (4), which is to automatically disbar, effective immediately, an attorney convicted of a felony as defined by section 90 Jud. (4) (e).
Accordingly, respondent having been automatically disbarred by his conviction of a felony, the petition should be granted and respondent's name struck from the roll of attorneys.
ELLERIN, P. J., SULLIVAN, WALLACH, BUCKLEY and FRIEDMAN, JJ., concur.
Petition granted and the name of respondent stricken from the roll of attorneys and counselors-at-law in the State of New York, forthwith. [As amended by unpublished order entered June 22, 1999.]