Matter of Smitten

Summary

The Appellate Division, Second Department held that John A. Smitten’s Florida conviction for first-degree grand theft was essentially similar to New York’s felony of second-degree grand larceny. Applying Judiciary Law § 90(4), the court recognized his automatic disbarment effective on the date of his felony conviction and granted the motion to strike his name from the roll of attorneys.

Holdings

1. A conviction for first-degree grand theft under Florida Statutes Annotated § 812.014(2)(a)(1) is essentially similar to New York grand larceny in the second degree under Penal Law § 155.40(1).
2. By virtue of the Florida felony conviction, Smitten was automatically disbarred and ceased to be an attorney under Judiciary Law § 90(4)(a), effective August 14, 2017.

Questions Presented

1. Whether Smitten's Florida conviction for first-degree grand theft was essentially similar to a New York felony for purposes of automatic disbarment under Judiciary Law § 90(4).
2. Whether the Grievance Committee's motion to strike Smitten's name from the New York roll of attorneys should be granted.

Disposition

other