The Appellate Division, Second Department, at 41 Monroe Place, Brooklyn (NYLJ/Rick Kopstein)
Raghubir Gupta and Benjamin Turner were each disbarred by the Appellate Division, Second Department, on Wednesday as a result of their separate felony convictions. State judiciary law provides for automatic disbarment when attorneys are convicted of felonies.
Gupta was originally disbarred in 2010 after a Southern District jury found him guilty of immigration fraud. He was sentenced to 51 months in prison and fined $10,000. But in 2012, the U.S. Court of Appeals for the Second Circuit vacated his conviction on the grounds that the district court violated his Sixth Amendment right to a fair trial because the courtroom had been closed to the public (NYLJ, Nov. 14, 2012).
Gupta then sought reinstatement to the bar. The Second Department suspended him as it authorized grievance committees investigate any misconduct underlying the criminal allegations. In March, a second Southern District jury found Gupta guilty of the same charges. He was automatically disbarred.
Gupta was represented by Brooklyn attorney Andrew Krisel. Mark Dewan appeared for the grievance committee.
In Turner’s case, an Eastern District jury found him guilty in October 2013 of wire fraud, bank fraud and aggravated identity theft. Brooklyn attorney Colette Landers represented the grievance committee before the Second Department.
Gupta had practiced in Brooklyn and was admitted to the New York bar in 1983.
Turner graduated form St. John’s University School of Law and was admitted to the New York bar in 1994.
Presiding Justice Randall Eng (See Profile) and Justices William Mastro (See Profile), Reinaldo Rivera (See Profile), Peter Skelos (See Profile) and Mark Dillon (See Profile) decided Matter of Gupta, 2014 NY Slip Op 05984. Matter of Turner, 2014 NY Slip Op 05992 was decided by Justices Mastro, Rivera, Skelos, Dillon and Ruth Balkin (See Profile).
The decisions are on page 7 of the print edition.