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MATTER OF MODICA

58 A.D.3d 59 (2008)

867 N.Y.S.2d 348

In the Matter of BETH MANSFIELD MODICA (Admitted as BETH MANSFIELD GARDNER), an Attorney, Respondent. GRIEVANCE COMMITTEE FOR THE SECOND AND ELEVENTH JUDICIAL DISTRICTS, Petitioner.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 18, 2008.

Attorney(s) appearing for the Case

Diana Maxfield Kearse, Brooklyn (Mark DeWan of counsel), for petitioner.

Deborah A. Scalise, Scarsdale, for respondent.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

OPINION OF THE COURT

Per Curiam.

On April 11, 2008, the respondent pleaded guilty before the Honorable Catherine M. Bartlett in the County Court, Rockland County, to rape in the third degree, in violation of Penal Law § 130.25 (2), a class E felony, and criminal sexual act in the third degree, in violation of Penal Law § 130.40 (2), a class E felony. Sentencing was scheduled for July 9, 2008.

The...

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