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Sexual Things

The New York Appellate Division for the Fourth Judicial Department imposed a three-year suspension of an attorney

The charges in the petition relate to an indictment handed down in 2021 by a Steuben County grand jury, wherein respondent was charged with a total of 11 counts, including promoting prostitution in the third degree (Penal Law § 230.25), patronizing a person for prostitution in the third degree (Penal Law § 230.04), and conspiracy in the fifth degree (Penal Law § 105.05 [1]). In April 2022, respondent resolved all charges of the indictment by entering a plea of guilty to one count of patronizing a person for prostitution in the third degree (Penal Law § 230.04), a class A misdemeanor. In August 2022, he was sentenced to probation for a period of three years.

In the discipline investigation

he acknowledged that the count to which he had pleaded guilty was based on allegations that he arranged for an individual to come to his home whereupon they “did sexual things,” and respondent gave that individual money.

And

With respect to charge two, respondent admits that, in June 2020, he solicited two individuals to engage in sexual conduct with him in return for a fee. With respect to charge three, respondent admits that in or around June 2020, he agreed to post an online advertisement on behalf of those individuals wherein they offered to engage in sexual conduct with others in exchange for a fee. Respondent admits that, in exchange for posting that advertisement, he expected to receive a portion of the fees that they earned in exchange for engaging in sexual conduct with others. With respect to charge four, respondent admits that in mid-2020, he was contacted by a State Police investigator posing as a potential client. Respondent admits that he told the purported client it would cost “at least $2,000” to represent her in a child custody matter. Respondent admits that when the investigator sent him a text message asking if he would take care of her purported legal matter if she had sex with him, respondent replied, “Of course.” Respondent further admits that he thereafter suggested they meet at her house or a hotel and, in early August 2020, he traveled to a hotel to meet the purported client, whereupon he was arrested by law enforcement officials.

He also admitted that he had notarized an affidavit that he had not witnessed.

In the criminal case

respondent admits that after he was sentenced to probation based on the conviction specified in charge one, he sent to numerous judges and attorneys in Chemung and Steuben Counties a written statement wherein he accused the prosecutor of obtaining the indictment against respondent through perjured testimony. Respondent further admits that the written statement accused the prosecutor of lying to the Steuben County Legislature and illegally seizing property from other criminal defendants through coercion. During the examination under oath conducted by the Grievance Committee in December 2022, respondent admitted that he had no personal knowledge to support those allegations. Respondent further admits that he issued the written statement while he and the prosecutor were serving as counsel in various matters pending before some of the judges to whom respondent had sent the statement.

The Wellsville Sun reported on the criminal charges

A Steuben County Legislator will serve a three-month term of probation. Steven Maio, a Democrat who represents Corning, received the judgement after pleading guilty in April to solicitation of a person for prostitution.

Maio refuses to resign and blasted District Attorney Brooks Baker for seeking a 54-count indictment. In a statement released to 18News, Baker said “Mr. Maio has the right to say whatever he chooses; my job is to prosecute crime.  I don’t know if the guilty plea that Mr. Maio accepted warrants removal from office, that is not my concern.  As far as overcharging the case…the defendants pleaded guilty to the top count of each indictment that they were charged with.”

(Mike Frisch)