Violent Assault Draws Disbarment

A criminal conviction led to disbarment by the New York Appellate Division for the Third Judicial Department

It was alleged that on July 7, 2015, the respondent,

“while engaged in a verbal altercation with the complainant, his ex girlfriend, did intentionally throw the complainant into a chair multiple times causing a physical injury. During this assault this chair was used by the defendant as a dangerous instrument in order to inflict a physical injury. The defendant then did both kick and punch the complainant while she was on the ground. Due to this, the complainant suffered substantial pain throughout her body. The complainant received medical treatment at Winthrop University
Hospital. The defendant stated to [a police detective,] ‘A bitch comes into this office and disrespects you I’d expect you to do the same thing!’ “

He was convicted of a misdemeanor third-degree assault. 

Sanction

In determining an appropriate measure of discipline, we have considered the gravity of the offense committed by the respondent. As revealed in the minutes from the sentencing proceeding, the respondent committed the assault at his law office and the assault was recorded on video. After viewing the video, Judge Kluewer described the assault, stating that the respondent “repeatedly kicked [the victim], beat her, [and] threw her across the room twice.” While the respondent attempted to claim that he was the victim of the assault, Judge Kluewer found such claim to be “ridiculous.” Although the respondent was given an opportunity at the disciplinary hearing to present evidence in mitigation, we find that he failed to do so, and that he showed no remorse for his actions.

Accordingly, in view of the gravity of the offense committed by the respondent, we find disbarment is warranted, and effective immediately, the respondent is disbarred and his name is stricken from the roll of attorneys and counselors-at-law.

(Mike Frisch)