Appellate Division: Second Judicial Department

M106995

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

PETER B. SKELOS

MARK C. DILLON

JOSEPH COVELLO, JJ.

2010-01542 In the Matter of Jemal A. Deshong, also known as Jamal Eloheenatir, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Jemal A. Deshong, respondent. Attorney Registration No. 4033312)

DECISION & ORDER ON MOTION

The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts has apprised the court of the respondent's conviction on September 30, 2009, in the Supreme Court, Bronx County, upon his plea of guilty to obstructing governmental administration in the second degree, in violation of Penal Law § 195.05, a class A misdemeanor. During the plea allocution before the Honorable Albert Lorenzo, the respondent admitted that on August 22, 2006, at the northwest corner of Webster Avenue and Clay Avenue in the Bronx he stated to Police Officer Cedric Green, "Don't touch me," and then swung a closed fist at his head. The respondent then fled into oncoming traffic, requiring three vehicles to swerve in their lane in order to avoid striking him. The respondent was sentenced to 30 days incarceration, which he had already served. Judgment was entered against him for the $160 in surcharges which he was unable to pay.

Inasmuch as a necessary element of the crime involves interference with the administration of justice, it constitutes a serious crime within the meaning of Judiciary Law § 90(4)(d) and 22 NYCRR 691.7(b).

In addition, the Grievance Committee informed the court that the respondent was found guilty on June 28, 2006, in the Supreme Court, New York County, of two counts of criminal contempt involving a courtroom outburst in November 2004. He was sentenced by the Honorable Renee White to 11 months incarceration. The respondent never reported that conviction to the Appellate Division as he was obligated to do by Judiciary Law § 90(4)(c). The Grievance Committee has submitted to the court a certified copy of the certificate of disposition showing respondent's conviction of criminal contempt in the second degree, in violation of Penal Law § 215.50 (02) and (01), class A misdemeanors. He was sentenced on October 10, 2006 to concurrent terms of 11 months and assessed $160 in surcharges. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on January 29, 2002.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent Jemal A. Deshong, also known as Jamal Eloheenatir, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of his conviction of a serious crime, continuing until further order of this court; and it is further,

ORDERED that the respondent, Jemal A. Deshong, also known as Jamal Eloheenatir, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Jemal A. Deshong, also known as Jamal Eloheenatir, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that on the court's own motion, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the said Jemal A. Deshong, also known as Jamal Eloheenatir, based on his conviction of a serious crime; and it is further,

ORDERED that Diana Maxfield Kearse, Chief Counsel to the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, N.Y. 11201-3754, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent and the Special Referee and file with this court a petition within 30 days after receipt of a copy of this order; and it is further,

ORDERED that the respondent shall serve an answer to the petition upon the petitioner and the Special Referee and file the original answer with this court within 20 days after service upon him of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Stella Schindler, a former New York City Family Court Judge, 63 East Ninth Street, #8J, New York, N.Y. 10003, as Special Referee to expeditiously hear and report, together with her findings on the issues, and to submit a report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,

ORDERED that if the respondent, Jemal A. Deshong, also known as Jamal Eloheenatir, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

PRUDENTI, P.J., MASTRO, SKELOS, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court