In re Hess

Appellate Division of the Supreme Court of New York

In re Hess

41 A.D.2d 1015, 344 N.Y.S.2d 301, 1973 N.Y. App. Div. LEXIS 4324

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 31, 1973

StatusPublished

Cited by4 cases

This text of 41 A.D.2d 1015 (In re Hess) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Hess, 41 A.D.2d 1015, 344 N.Y.S.2d 301, 1973 N.Y. App. Div. LEXIS 4324 (N.Y. Ct. App. 1973).

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Opinion

Respondent was admitted to the Bar by the Fourth Department in November, 1951. He concedes that on March 5, 1973 he was convicted in the United States District Court for the Northern District of New York, upon his plea of guilty, of the offense of willfully and knowingly failing to file an income tax return for the calendar year 1965 in violation of section 7203 of the Internal Revenue Code (U. S. Code, tit. 26, § 7203). Imposition of a jail sentence was suspended, respondent was placed on probation for six months, and a fine of $1,500 was imposed. Respondent’s conviction constitutes professional misconduct in violation of canons 29 and 32 of the Canons of Professional Ethics and it is so adjudged. (Matter of Edelbaum, 10 A D 2d 64, mot. for Iv. to opp. den. 7 N Y 2d 712; Matter of Jenkins, 19 A D 2d 53.) Taking into consideration respondent’s otherwise satisfactory record as a member of the Bar, and the punishment heretofore imposed in the United States District Court, we conclude that respondent should be suspended for a period of three months and until further order of the court. Staley, Jr., J. P., Greenblott, Cooke, Sweeney and Reynolds, JJ., concur.

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Respondent was admitted to the Bar by the Fourth Department in November, 1951. He concedes that on March 5, 1973 he was convicted in the United States District Court for the Northern District of New York, upon his plea of guilty, of the offense of willfully and knowingly failing to file an income tax return for the calendar year 1965 in violation of section 7203 of the Internal Revenue Code (U. S. Code, tit. 26, § 7203). Imposition of a jail sentence was suspended, respondent was placed on probation for six months, and a fine of $1,500 was imposed. Respondent’s conviction constitutes professional misconduct in violation of canons 29 and 32 of the Canons of Professional Ethics and it is so adjudged. (Matter of Edelbaum, 10 A D 2d 64, mot. for Iv. to opp. den. 7 N Y 2d 712; Matter of Jenkins, 19 A D 2d 53.) Taking into consideration respondent’s otherwise satisfactory record as a member of the Bar, and the punishment heretofore imposed in the United States District Court, we conclude that respondent should be suspended for a period of three months and until further order of the court. Staley, Jr., J. P., Greenblott, Cooke, Sweeney and Reynolds, JJ., concur.

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Bluebook (online)

41 A.D.2d 1015, 344 N.Y.S.2d 301, 1973 N.Y. App. Div. LEXIS 4324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hess-nyappdiv-1973.

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