Wednesday, January 3, 2018

Censure For Endangering Child Welfare

A convicted attorney has been censured by the New York Appellate Division for the Second Judicial Department

the respondent pleaded guilty in the Supreme Court, Nassau County, to one count of endangering the welfare of a child, a class A misdemeanor, under Penal Law § 260.10(1).

The court 

On July 20, 2015, the respondent pleaded guilty in the County Court, Nassau County, to one count of endangering the welfare of a child, a class A misdemeanor, under Penal Law § 260.10(1). On September 14, 2015, the respondent was sentenced to a three-year term of probation with domestic violence conditions and alcohol therapy as a condition of probation. Additionally, the County Court issued orders of protection directing the respondent to stay away from his daughters and his wife while under the influence of alcohol, and otherwise refrain from assaulting, stalking, or committing any other criminal offense against them, for a period of five years. The respondent was also required to pay a mandatory surcharge of $175, a crime victims’ assistance fee of $25, and a DNA fee of $50...

This Court has considered, in mitigation, the fact that the respondent’s conduct did not involve violence, the respondent’s rehabilitative efforts, his completion of a group counseling program for domestic violence, and the affirmations attesting to his integrity and strong moral character. However, the respondent’s counsel’s opposition notwithstanding, the Court has also taken into consideration, as an aggravating factor, a Letter of Caution issued in connection with his conviction, on February 2, 2015, of driving while intoxicated in violation of Vehicle and Traffic Law § 1192.3, an unclassified misdemeanor.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2018/01/a-convicted-attorney-has-been-censured-by-the-new-york-appellate-division-for-the-second-judicial-department.html

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