Legal Opinion

In re Hopfl

New York Court of Appeals

Decided November 29, 1979PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs. Subdivision 4 of section 90 of the Judiciary Law mandates automatic disbarment upon conviction of a felony. It is clear that under this section as construed prior to its recent amendment (L 1979, ch 674), an attorney ceases to be a member of the Bar when convicted of a Federal felony, even one that has no New York analogue (Matter of Thies, 45 NY2d 865; Matter of Chu, 42 NY2d 490). Thus, upon his conviction under section 645 of title 15 of the United States Code, a felony under Federal law,…

2Cases cited3 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. In re ChuNew York Court of Appeals · 1977
  3. In re ThiesNew York Court of Appeals · 1978

3Cited by15 opinions

  1. MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
  2. People v. MillerNew York Court of Appeals · 1998
  3. Matter of KerrDistrict of Columbia Court of Appeals · 1980
  4. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1997
  5. In Re PrestonAlaska Supreme Court · 1980

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