48 N.Y.2d 860 (1979)
An attorney is automatically disbarred in New York upon conviction of a federal felony, even if that felony lacks a direct analogue in New York law, regardless of whether the conviction resulted from an admission of guilt or a plea entered pursuant to North Carolina v. Alford.
Summary
This case concerns the automatic disbarment of an attorney following a federal felony conviction. Levy was convicted of a federal felony under 15 U.S.C. § 645. The Appellate Division subsequently struck his name from the roll of attorneys. The Court of Appeals affirmed, holding that Section 90(4) of the Judiciary Law mandates automatic disbarment upon felony conviction, irrespective of whether the federal felony has a direct counterpart in New York law or whether the plea was entered without admitting guilt under North Carolina v. Alford. The court clarified that while the recent amendment to Section 90 does not apply, Levy could seek relief from the Appellate Division under the amended statute.
Facts
Appellant Levy, an attorney, was convicted of a felony under Section 645 of Title 15 of the United States Code. Levy entered his plea pursuant to North Carolina v. Alford, meaning he did not explicitly admit guilt but acknowledged that the prosecution had sufficient evidence to convict him.
Procedural History
The Appellate Division struck Levy’s name from the roll of attorneys following his federal felony conviction. Levy appealed to the New York Court of Appeals. The Court of Appeals affirmed the Appellate Division’s order.
Issue(s)
Whether an attorney is subject to automatic disbarment in New York State pursuant to Judiciary Law § 90(4) upon conviction of a federal felony, regardless of whether the federal felony has a direct analogue in New York law or whether the plea was entered pursuant to North Carolina v. Alford.
Holding
Yes, because Subdivision 4 of section 90 of the Judiciary Law mandates automatic disbarment upon conviction of a felony, and this applies to federal felonies even without a New York analogue, and regardless of whether the plea was entered pursuant to North Carolina v Alford.
Court’s Reasoning
The Court of Appeals based its decision on the clear mandate of Judiciary Law § 90(4), which requires automatic disbarment upon conviction of a felony. The court emphasized that prior interpretations of this section established that an attorney is disbarred upon conviction of a federal felony, even if that felony does not have a direct equivalent under New York law. The court cited Matter of Thies, 45 NY2d 865 and Matter of Chu, 42 NY2d 490 to support this interpretation.
The court rejected Levy’s argument that the North Carolina v. Alford plea should preclude automatic disbarment. The court reasoned that, regardless of whether Levy admitted guilt, the conviction itself triggered the statutory sanction. The court stated: “Although appellant did not admit his guilt, nonetheless he stood convicted of a felony.”
While the court acknowledged a recent amendment to Section 90, it clarified that the amendment did not apply to this specific appeal. However, the court noted that Levy could petition the Appellate Division for relief under the amended statute if he so chose.
The court explicitly declined to address the issue of whether the federal offense had a New York counterpart, deeming it unnecessary to the disposition of the case and suggesting the Appellate Division should consider the question anew if a proper application were made.