In re Kelly

*57OPINION OF THE COURT

On November 23, 1993, in the United States District Court for the Eastern District of New York, the respondent pleaded guilty to conspiracy to defraud the United States in violation of 18 USC § 371 and bank fraud in violation of 18 USC § 1344. On April 6, 1994, the respondent was sentenced before the Honorable Leonard Wexler to concurrent terms of one year imprisonment and three years supervised release.

This Court has held that 18 USC § 1344 is "essentially similar” to New York State Penal Law § 155.40, grand larceny in the second degree, and to Penal Law § 190.65, scheme…