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eBook details

• Title: Matter John N. Mitchell
• Author : Court of Appeals of New York
• Release Date : January 17, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

[40 N.Y.2d 153 Page 155] Appellant John N. Mitchell, an attorney admitted to practice in the courts of this State and the former Attorney General of the United States, seeks a reversal of an order of the Appellate Division striking his name from the roll of attorneys and counselors at law. That order was predicated on a judgment of the United States District Court for the District of Columbia rendered upon a jury verdict convicting him of conspiracy (in violation of US Code, tit 18, § 371), obstruction of justice (§ 1503), two counts of making false declarations under oath before a Grand Jury (§ 1623), and perjury in making false declarations under oath before the United States Senate Select Committee on Presidential Campaign Activities (§ 1621). Appellant conceded in his answer below that the elements of perjury under the Federal statute (§ 1621) are the same as the elements of the crime which our penal statute terms perjury in the first degree, a class D felony. (Penal Law, § 210.15.) Under our statute governing the admission to and removal from the practice of law, a person ceases to be an attorney and counselor at law upon being convicted of a felony. (Judiciary Law, § 90, subd 4.) This same section provides that upon presentation of a certified or exemplified copy of the judgment of such conviction, the Appellate Division shall strike the person's name from the roll of attorneys. This is the procedure which has been followed here.

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