Majority
Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered August 4, 1994, convicting him of attempted robbery in the first degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the County Court, Nassau County, for further proceedings.
The People concede that reversal of the judgment is warranted because the defendant was represented by an attorney who had in fact been disbarred pursuant to Judiciary Law § 90 (4) (a) prior to the time he undertook to represent the defendant. The People’s concession implicitly waived any issues the People may have raised concerning the adequacy of the proof in the present record relating to, inter alia, whether the defendant knew that his former attorney had been disbarred pursuant to Judiciary Law § 90 (4) (a). Also implicit in the People’s concession is an admission that the attorney’s disbarment was based on conduct which bespeaks lack of moral character and
Cases cited
- People v. Kieser 79 NY2d 936 at 938 p. 711
- People v. Chin Min Foo 144 Misc 2d 589 at 592 p. 711
- People v. Williams 140 Misc 2d 136 p. 711
- People v. Felder 47 NY2d 287 at 294 p. 711