In re Levy

We hold that while an attorney convicted of a criminal offense may introduce evidence in mitigation and explanation in a subsequent disciplinary proceeding, he may not relitigate the issue of his guilt of the offense for which he was convicted.

Appellant attorney was convicted in Federal court of conspiracy to pay illegal kickbacks to a union welfare and pension official in violation of the United States Code (tit 18, §§ 371, 1954), a felony under Federal law. Thereupon disciplinary proceedings were instituted in the Appellate Division, First Department. It was recognized that the automatic…