Public-domain · open source
OpenJurist

199 A.D. 899

In re McCreery

Appellate Division of the Supreme Court of the State of New York · decided 1922-02-10

<p>Attorney and client—attorney disbarred because convicted of felony.</p> <p>An attorney, upon being convicted of a felony, ceases to be an attorney or to be competent to practice law as such, by virtue of section 477 of the Judiciary Law, and must be disbarred.</p>

Cited by 1 later decisions — most recently April 1938

Good law ✅— No negative treatment on recordhow we know

Decided 1922-02-10

View the full empirical analysis of this case →

Clarke, P. J.:

¶1Respondent was admitted to practice as an attorney and counselor at law in May, 1884, at a General Term of the Supreme Court, First Department. As appears by a certified copy of the extract and minutes attached to the petition, he was convicted at a Court of General Sessions of the Peace of the City of New York on the 26th of May, 1921, of grand larceny in the second degree, which is a felony. Section 477 of the Judiciary Law provides: “ Any person being an attorney and counsellor-at-law, who shall be convicted of a felony, shall, upon such conviction, cease to be an attorney and counsellor-at-law, or to be competent to practice law as such.” It follows, therefore, that the respondent must be disbarred.*

¶2Latjghlin, Dowling, Page and Merrell, JJ., concur.

¶3Respondent disbarred. Settle order on notice.

¶4 See Judiciary Law, § 88, subd. 3.— [Rep.

/199/ad/899 · .json · Public domain