Sanction For Pre-Admission Criminal Conduct

The New York Appellate Division for the First Judicial Department suspended an attorney for pre-admission misconduct that had resulted in a post-admission conviction.

The suspension is for a year or until the criminal probation expires, whichever is longer.

There was a significant time gap between the crime and the conviction 

The parties have stipulated to the following relevant facts. On October 25, 2008, respondent, then a first-year law student, attended a party at Bucknell University where his brother was enrolled. During the party, respondent met a female freshman at Bucknell, who, in the early hours of October 26, he took up to his brother’s room and sexually assaulted. The female freshman quickly reported the sexual assault to law enforcement who investigated. DNA analysis was done on items collected by law enforcement during the investigation and on samples from both the victim and respondent. Testing revealed that a DNA mixture located on respondent’s underwear was consistent with that of respondent and the victim.

The victim declined to prosecute in 2008. However, in 2020, she was prepared to proceed with the prosecution and was able to do so because the statute of limitations on rape in Pennsylvania is 12 years. On January 13, 2020, the District Attorney of Union County, Pennsylvania (DA) filed a two count criminal information alleging that on or about October 26, 2008, respondent committed the misdemeanor offenses of simple assault and indecent exposure. On April 6, 2021, respondent, represented by counsel, pleaded guilty to both counts of the information.

On June 30, 2021, respondent was sentenced to two years’ probation on the indecent exposure charge and incarcerated for 10 days on the simple assault charge. Respondent was not required to register as a sex offender.

PennLive reported on the criminal case. (Mike Frisch)