In re Levine — 254 A.D. 165

Majority

p. 165

In the Matter of Harry J. Levine, an Attorney, Respondent.

First Department,

May 13, 1938.

p. 166

Charles C. Smith of counsel [Raymond A. Carter with him on the brief; Einar Chrystie, attorney], for the petitioner.

I. Gainsburg of counsel [Harold I. Cohen with him on the brief], for the respondent.

The evidence clearly establishes that the respondent has been guilty of employing one Frank Jones to solicit and obtain for him personal injury claims and that within a period of about six weeks he accepted at least eight such claims from said Jones. The respondent was subsequently tried and convicted in the Court of.Special Sessions upon an information charging him with a violation of section 270 of the Penal Law. The judgment of conviction was affirmed by this court and by the Court of Appeals. (People v. Levine, 161 Misc. 336 ; affd., 253 App. Div. 719 ; affd., 277 N. Y. 678 .) The respondent not only failed before the referee to rebut the presumption of guilt created by said judgment of conviction, but, as noted, the evidence adduced before the referee in itself establishes his guilt.

The respondent should be disbarred.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Respondent disbarred.

Cases cited

People v. Levine 161 Misc. 336 N.Y. Ct. Gen. Sess. 1936-12-11 p. 166
Liggins v. Corse 277 N. Y. 678 N.Y. 1938-03-18 p. 166