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181 A.D.2d 136

In re Knoll

Appellate Division of the Supreme Court of the State of New York · decided 1992-07-14

Applies 18 U.S.C. § 152

Decided 1992-07-14

¶1OPINION OF THE COURT

Per Curiam.

¶2On March 2, 1992, in the United States District Court for *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.

¶3We 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).

¶4Pursuant 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.

¶5Boomer, J. P., Pine, Balio, Lawton and Boehm, JJ., concur.

¶6Order of disbarment entered pursuant to Judiciary Law § 90 (4) (a), (e).

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