PER CURIAM — After a prehearing conference on July 8, 2021, and a hearing on September 22, 2021, the Special Referee filed a report dated December 2, 2021, setting forth his findings and concluding that the respondent had not demonstrated why a final order of suspension, censure, or disbarment should not be made. The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts now moves to confirm the Special Referee’s report and to impose such discipline upon the respondent as the Court deems just and proper. The respondent has not submitted any papers in response or sought additional time in which to do so.
The Criminal Conviction On June 28, 2018, the respondent was arrested and charged with committing assault in the third degree against two passengers on a New York City subway car by spraying them with a chemical liquid, causing irritation and burning to their eyes and faces, in violation of Penal Law §120.00, a class A misdemeanor. On December 11, 2018, the respondent was arrested and charged with assault in the second degree, in violation of Penal Law §120.05(1), a class D felony. The incident underlying this charge, which occurred on a crowded New York City subway car, was captured on video. Initially, the respondent repeatedly cursed at the victim. The respondent then methodically took off her sunglasses, placed them in her pocketbook, tied her hair back, and took her keys and umbrella from her pocketbook. The respondent used her legs and umbrella to strike the victim. Although a bystander tried to block the respondent, the respondent continued striking the victim. On January 30, 2019, the respondent was indicted on 13 counts of criminal conduct for the incidents occurring on June 28, 2018, and December 11, 2018: assault in the second degree, in violation of Penal Law §120.05(2); assault in the third degree (two counts), in violation of Penal Law §120.00(1); menacing in the second degree (two counts), in violation of Penal Law §120.14(1); menacing in the third degree (two counts), in violation of Penal Law §120.15; harassment in the second degree (three counts), in violation of Penal Law §240.26(1); attempted assault in the third degree (two counts), in violation of Penal Law §§110.00 and 120.00(1); and attempted assault in the second degree, in violation of Penal Law §§110.00 and 120.05(2). On November 20, 2019, in the Supreme Court, Kings County, the respondent was convicted, upon a plea of guilty, of menacing in the second degree, in violation of Penal Law §120.14(1), a class A misdemeanor, in full satisfaction of the indictment. On January 22, 2020, the respondent was sentenced to two years of probation, 15 days of community service, and a one-day anger management program, and was directed to pay a $175 surcharge, a $50 DNA fee, and a $25 crime victims assessment fee. A six-year final order of protection was also issued.
