When Sharing Is A Crime
The New York Appellate Division for the First Judicial Department found that a criminal conviction merited disbarment
On October 23, 2024, respondent was convicted, upon his plea of guilty, in Supreme Court, New York County, of Promoting a Sexual Performance by a Child in violation of Penal Law § 263.15, a class D felony. Subsequently, respondent was sentenced to a 10-year term of probation and was required to register as a sex offender. Respondent’s conviction stemmed from his conduct on or about December 6, 2023, when, knowing the character and content thereof, he promoted a performance, which includes sexual contact by a child less than 17 years old, through his use of a computer program called BitTorrent.
The Attorney Grievance Commission contended that disbarment was automatic
Respondent does not oppose the motion. By his affirmation dated May 12, 2025, respondent states, inter alia, that his conviction “stemmed from the use of a filesharing method (Torrent) which automatically made illicit content accessible to others upon download” but “that [he] did not knowingly sell, share, or distribute this material to others”; his “behavior was influenced by unresolved trauma and emotional dysfunction that [he] had not previously addressed” but took steps to address after his arrest through “intensive individual therapy”; he has “also participated in family therapy, which has been vital to rebuilding trust with [his] wife and son”; he is “deeply sorry for the possibility that, by viewing such material, [he] may have contributed in any way to the continued exploitation perpetuated by its creators”; and he “hope[s] to demonstrate through sustained humility, service, and lawful conduct that [he is] worthy of a second chance.”
We find that respondent should be deemed disbarred by operation of law as of the date of his conviction, as “the statutory language of Judiciary Law § 90 (4) (a) clearly provides that automatic disbarment is self-executing and occurs at the time of conviction of a felony” (Matter of Reich, 206 AD3d at 24).
(Mike Frisch)