223 A.D. 277 | N.Y. App. Div. | 1928
Charges of unprofessional conduct have been made, and have been tried, against the respondent. He now moves for confirmation of the referee’s report, which recommends dismissal of the charges for failure of proof; and he also asks allowances for expenses. The record brings before us the conduct of respondent in connection with perjury committed by Evelyn Dufresne at the trial of one Robillard, who was tried and convicted of rape in the first degree, committed at the Radio Inn upon a young girl, Ida Bylow, on July 12, 1926. That conviction was affirmed in this court. (People v. Robillard, 221 App. Div. 811.)
The circumstances of the Robillard crime are, briefly, the following: On July 12, 1926, Evelyn Dufresne, then sixteen years of age, with
The young sister of Evelyn Dufresne, who had been with her at the Radio Inn, was brought before a justice of the peace charged with disorderly conduct and was sent away to a house of correction at Hudson. Evelyn was arrested for disorderly conduct and very likely denied that she had sexual intercourse with Lizette to avoid being sent away as a disorderly person. The respondent appeared as attorney for Evelyn Dufresne on July fourteenth, two days after the Robillard crime. He was not retained by Evelyn. Respondent claimed that he was retained by an uncle of Evelyn; the uncle, however, denies this, saying that Evelyn told him that Robillard and Lizette wanted him to say that he would pay Crary for his services. Evelyn testifies that she heard Crary remark to her
Thus it appears that, in October, when Robillard’s case was moved for trial, respondent was conversant with the events and proceedings which arose out of the Radio Inn affair. He had read the testimony given by Evelyn and the Bylow girl; knew of the charge against Evelyn’s sister and her commitment to the Hudson institution, of the charge against Evelyn, of the Murphy affidavit and its purport and of the arrest of Robillard and Lizette, by whom he was immediately retained. Though he says he was not retained to defend them until September when the grand jury indicted them, there is no doubt that he was their attorney from the time of their arrest and no doubt that they acted from then on under his advice. He says that, after their arrest, they were from time to time in his office, though he made no charge for any advice then given. He was not interested in Evelyn Dufresne and received no pay for his services to her, unless from-them.
When Robillard’s case was moved for trial respondent appeared and procured an adjournment for two days to permit him to prepare for trial. He procured one Bennett, of doubtful character, to drive him to Massena, where Evelyn Dufresne lived. He went
But the referee has found that the evidence does not sustain the charge that respondent was guilty of subornation of perjury. We hesitate to disregard a finding of an official referee, even though very doubtful of its correctness; but we do not hesitate to conclude that the conduct of the respondent in this case was unprofessional and reprehensible, far below the standards required of members of the bar, who are likewise officers of the court. The entire series of events, of which respondent became and was a part, is portrayed before us and we are convinced that discipline beyond verbal censure is required in this case. The application for an allowance for expenses should be denied and the respondent should be suspended from practice during the period of one year from service upon him of a certified copy of the order to be entered herein;
Van Kirk, P. J., Hinman, Whitmyer, Hill and Hasbrouck, JJ., concur.
Application for allowance of expenses to the respondent denied. The respondent, Leon G. Crary, is suspended from practice as attorney and counselor at law of the State of New York for the period of one year from the date of the entry and service of a certified copy of the order to that effect to be entered herein. And the said respondent, Leon G. Crary, is hereby commanded, during said period of one year, to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another, and is hereby forbidden, during said period of one year, to perform any of the following acts for compensation or reward, to wit: (1) To appear as an attorney or counselor at law before any court, judge, justice, board, commission or other public authority; (2) to give to another an opinion as to the law or its application or any advice in relation thereto. The court disapproves of the conclusions of the referee herein, and finds that the respondent, Leon G. Crary, is guilty of professional misconduct, collusion and conduct prejudicial to the administration of justice.