Disbarred Lawyer Admits Coaching False Testimony

, New York Law Journal

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A one-time attorney who faces sentencing for telling a witness to lie to a grand jury about a woman's fatal overdose, was disbarred Wednesday.

Barry Balaban, 60, of Great Neck pleaded guilty on Jan. 17 to conspiracy to suborn perjury for his actions in connection with the death of Kimberly Calo in the Upper East Side hotel room of banana importer Thomas Hoey during a 2009 orgy.

Balaban, who has a history of mental illness and drug abuse, was caught on tape coaching witness Nicole Zobkiw about her testimony as to what occurred in Hoey's hotel room, telling her to testify she was drunk and saw no drugs in the room (NYLJ, Feb. 22, 2013).

Balaban pleaded guilty and faces a maximum term of five years in prison when he is sentenced on April 22 by Southern District Judge P. Kevin Castel. Balaban has been held at the Metropolitan Correctional Center since Feb. 21, 2013.

He is represented by Barry Weinstein of Goldstein & Weinstein. Southern District Assistant U.S. Attorneys Ian McGinley and Margaret Garnett represent the government.

Balaban resigned to a panel of the Appellate Disivion, Second Department, saying he could not defend himself against any disciplinary charges The panel of Presiding Justice Randall Eng and justices Wiliam Mastro, Renaldo Rivera, Peter Skelos and Mark Dillon disbarred him effective immediately.

Weinstein also represented Balaban on the disciplinary charge. Carolyn Mazzu Genovesi represented the grievance committee of the Tenth Judicial District. Matter of Balaban, 2013-07347, is on page 6 of the print edition.

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