Essentially Similar

Automatic disbarment flowed from a sex offense conviction according to a decision of the New York Appellate Division for the Second Judicial Department

We conclude that the respondent’s conviction of the New Jersey felony of aggravated sexual assault of a victim less than 13 years old, in violation of NJ Stat Ann 2C:14-2(a)(1), is essentially similar to the New York felony of rape in the first degree, a class B felony, in violation of Penal Law § 130.35(4). Although the New York statute requires the perpetrating actor to be at least 18 years of age or more, it is undisputed that the respondent, at the time of his criminal behavior, was over the age of 18.

By virtue of his felony conviction of the New Jersey felony of aggravated sexual assault of a victim less than 13 years old, the respondent was automatically disbarred and ceased to be an attorney pursuant to Judiciary Law § 90(4)(a).

(Mike Frisch)