Ruggiero, In re
| Decision Date | 07 December 1972 |
| Citation | 338 N.Y.S.2d 749,40 A.D.2d 135 |
| Parties | In re Joseph E. RUGGIERO, an Attorney. |
| Court | New York Supreme Court — Appellate Division |
John G. Bonomi, New York City, of counsel (Michael Ambrosio, New York City, with him on the brief), for petitioner.
Theodore M. Wolkof, New York City, for respondent.
Before NUNEZ, J.P., and McNALLY, TILZER, EAGER and CAPOZZOLI, JJ.
On August 17, 1972 respondent was convicted in the United States District Court for the Southern District of New York, after a jury trial, of the crime of making false material declarations before a Grand Jury in violation of Title 18, United States Code, Sec. 1623, and was sentenced to three concurrent terms of one year and one day.
The crime for which respondent was convicted is a felony under Federal law, and also is cognizable as a felony under the New York Penal Law Sec. 210.15. The fact that pursuant to U.S.C. Sec. 1623(e) corroboration is not required in order to establish guilt while corroboration is necessary under the Penal Law (§ 210.50) is immaterial. Corroboration is a procedural device required in order to prove the crime of perjury and does not change the underlying material elements of the crime. The elements required to establish guilt under U.S.C. Sec. 1623, and Penal Law 210.15 are the same in both instances, i.e., the giving of false and material testimony under oath. (Mtr. of Kopolsky, 37 A.D.2d 403, 326 N.Y.S.2d 411.)
The provisions of Judiciary Law Sec. 90(4) are mandatory. Accordingly, upon respondent's conviction he ceased to be an attorney and counselor-at-law, and therefore, his name must be stricken from the roll of attorneys. (See Mtr. of Sheinman, 277 App.Div. 39, 97 N.Y.S.2d 715.)
Respondent's name struck from the roll of attorneys and counselors-at-law in the State of New York.
The order of this Court entered on December 7, 1972 is vacated.
All concur.
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