In re Knoll

Appellate Division of the Supreme Court of New York

In re Knoll

181 A.D.2d 136, 586 N.Y.S.2d 73, 1992 N.Y. App. Div. LEXIS 9322

Appellate Division of the Supreme Court of the State of New York·Decided July 14, 1992·Published·Cited by 4 cases

Opinion

OPINION OF THE COURT

Per Curiam.

On March 2, 1992, in the United States District Court for [137]*137the Western District of New York, at Buffalo, the respondent was convicted, upon a jury verdict, of filing false statements in a bankruptcy proceeding and making a false statement to the Department of Justice in violation of 18 USC §§ 152 and 1001.

We find that the Federal felonies are essentially similar to New York Penal Law § 175.35, offering a false instrument for filing in the first degree, a class E felony. Both the Federal statute and the New York statute require presentation of a false instrument to a branch of government, knowing the instrument to be false, with the intent to defraud the government (see, Matter of Bejasa, 165 AD2d 397; Matter of Connery, 157 AD2d 12; see generally, Matter of Johnston, 75 NY2d 403).

Pursuant to Judiciary Law § 90 (4) (a) and (e), the respondent ceased to be an attorney and counselor-at-law upon his conviction of a felony (see, Matter of Napoli, 177 AD2d 135). Accordingly, respondent’s name is stricken from the roll of attorneys and counselors-at-law.

Boomer, J. P., Pine, Balio, Lawton and Boehm, JJ., concur.

Order of disbarment entered pursuant to Judiciary Law § 90 (4) (a), (e).

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OPINION OF THE COURT

Per Curiam.

On March 2, 1992, in the United States District Court for [137]*137the Western District of New York, at Buffalo, the respondent was convicted, upon a jury verdict, of filing false statements in a bankruptcy proceeding and making a false statement to the Department of Justice in violation of 18 USC §§ 152 and 1001.

We find that the Federal felonies are essentially similar to New York Penal Law § 175.35, offering a false instrument for filing in the first degree, a class E felony. Both the Federal statute and the New York statute require presentation of a false instrument to a branch of government, knowing the instrument to be false, with the intent to defraud the government (see, Matter of Bejasa, 165 AD2d 397; Matter of Connery, 157 AD2d 12; see generally, Matter of Johnston, 75 NY2d 403).

Pursuant to Judiciary Law § 90 (4) (a) and (e), the respondent ceased to be an attorney and counselor-at-law upon his conviction of a felony (see, Matter of Napoli, 177 AD2d 135). Accordingly, respondent’s name is stricken from the roll of attorneys and counselors-at-law.

Boomer, J. P., Pine, Balio, Lawton and Boehm, JJ., concur.

Order of disbarment entered pursuant to Judiciary Law § 90 (4) (a), (e).

In re Knoll, 181 A.D.2d 136, 586 N.Y.S.2d 73, 1992 N.Y. App. Div. LEXIS 9322 (N.Y. Ct. App. 1992).

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Opinion

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