Saturday, June 14, 2008

Ski Thefts, Endangering Crossing Guard Result In Censure

The New York Appellate Division for the Second Judicial Department imposed a public censure of an attorney for a criminal conviction for retail theft from three Vermont ski shops. It appears from the order that the offenses had occurred on three occasions over a three-week period. The attorney had been ordered to pay $2,445 in restitution in the criminal case. As to mitigation, the court found:

...the respondent asks the Court to consider his previously unblemished record, his expressed remorse, his full cooperation with the Grievance Committee, his complete compliance with the conditions of his sentence, his character evidence and his impressive contributions to the community, and the aberrant nature of his misconduct, which did not involve the practice of law. Under the totality of the circumstances, the respondent is publicly censured.

This appears to be a rather lenient disposition for a series of thefts.

In an unrelated matter, the court imposed the same sanction for another case involving a criminal conviction. The court describes the conduct as follows:

On or about June 6, 2006, the respondent admitted before Judge Kluewer that on October 18, 2005, he engaged in disorderly conduct by making it difficult for a crossing guard to perform her duties, attempted to recklessly endanger the crossing guard by interfering with her duties and being rude to her, and harassed the crossing guard by actually striking her with his vehicle, causing her to fall to the ground.

On August 10, 2006, the respondent was sentenced on his plea to one year of probation, with the condition that he undergo anger management therapy.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/06/the-new-york--2.html

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