Essentially Similar

An attorney’s Arizona conviction was for a crime “essentially similar” to a New York felony resulting in automatic disbarment

On September 22, 2017, in the Superior Court of the State of Arizona, County of Maricopa, the respondent was convicted, upon a plea of guilty, of aggravated assault, in violation of Arizona Revised Statutes § 13-1204(A)(2), a class 3 felony. As revealed in a transcription of the plea proceeding, the factual basis of the respondent’s plea was as follows:

“On May 5th, 2017, in Maricopa County, . . . Mr. Eugene O[‘C]onnor was in a physical altercation with his wife, Nancy O[‘C]onnor with whom he lived. During that physical altercation Mr. O[‘C]onnor recklessly caused physical injury to Ms. O[‘C]onnor by using a dangerous instrument, and that instrument was a scissor[ ], which caused a small laceration on her wrist.”

On October 25, 2017, the respondent was sentenced to six months’ incarceration in the county jail, an additional six months’ deferred jail term, and a four-year period of supervised probation. In addition, he was directed to participate in an anger management program, a domestic violence offender treatment program, and a substance abuse treatment program, and to make restitution for economic loss to the victim.

Consequently

Under the circumstances of this case, we conclude that the respondent’s conviction of aggravated assault is “essentially similar” to the New York felony of assault in the second degree (see Matter of Szego, 205 AD2d 76). By virtue of his felony conviction, the respondent was automatically disbarred and ceased to be an attorney pursuant to Judiciary Law § 90(4)(a).

The sanction was imposed by the New York Appellate Division for the Second Judicial Department. (Mike Frisch)