Matter of Delany

OPINION OF THE COURT

Smith, J.

May the Appellate Division impose a final sanction on an attorney who has been convicted of serious crimes as defined by Judiciary Law § 90 (4) (d), even though a final judgment of conviction for those crimes has not been rendered? We conclude that a final sanction may not be imposed absent a judgment of conviction for a serious crime. Consequently, we reverse the order of the Appellate Division which imposed the final sanction of disbarment on appellant.

Appellant was admitted to the practice of law in New York State on April 13, 1983. On September 2, 1992,…