A federal appeals court overturned the conviction on corruption charges of former NY state assembly speaker Sheldon Silver, saying the jury was improperly instructed on the legal aspects of the case.
Silver was found guilty of federal corruption charges in November, 2015, including extortion, honest services fraud and money laundering, according to The New York Times. Federal prosecutors can retry Silver, who remains free on bail pending the appeal.
But the Second Circuit Court of Appeals in Manhattan said the instructions to the Silver jury did not comport with the definition of official corruption the Supreme Court demanded in the McDonnell case.
Given that decision, the appeals court decided it was not clear that a jury, "properly instructed" would have found Silver guilty.
Silver received two prison terms: 12 years for six criminal counts against him and 10 years on the seventh, to run concurrently.
"We look forward to presenting to another jury the evidence of decades-long corruption by one of the most powerful politicians in New York State history", Kim said.
"It is not a statement that Silver did not break the law", Kramer said.
Prosecutors accused Silver of collecting close to $4 million of illegal fees for awarding state grants to a top cancer researcher, and steering real estate developers to a friend's law firm and supporting their interests on rent legislation.
"Given the teachings of the Supreme Court in McDonnell", Cabranes added, "and the particular circumstances of this case, we simply can not reach that conclusion".
"I think given the importance of the case, in the history of NY and the long litany of corruption that's been exposed in Albany its very important for the USA attorney to try this case again". Bob McDonnell, whose conviction was overturned based on a narrower definition of "honest services" fraud.
On Thursday, the Second Circuit appeals court overturned Sheldon's corruption conviction.
"There's no question that the government presented evidence relating to Mr". "Silver used his position in government to direct state resources into a scheme that paid out $4 million into his pocket, ' Common Cause executive director Susan Lerner said in a statement.".This is yet another area where the Court has misinterpreted the law, setting legal standards which fly in the face of the public expectations". Dean Skelos (who is making an appeal similar to Silver's) and a bid-rigging scandal touching on Cuomo's formerly closest aide.
Attorneys for Silver also could not immediately be reached. "Although it will be delayed, we do not expect justice to be denied".
Conviction of former New York State Assembly...
Heastie, a Bronx Democrat who was tapped by his Democratic colleagues to run the Assembly after Silver stepped down in 2015, offered a brief assessment of his predecessor's legal news Thursday.