Ex-NY assembly speaker Silver's conviction overturned

14 July, 2017, 00:46 | Author: Clint Gray
  • Sheldon Silver

He was sentenced to 12 years in prison in May 2016. Federal prosecutors could decide to retry the case.

A three-judge panel rejected Silver's challenges to the sufficiency of the evidence.

That could pave the way for a possible retrial of Silver, 73, who has been free on bail during the appeal.

The Supreme Court decision, issued after Silver's 2015 conviction, had said an official can't be convicted for taking bribes unless he or she takes action or makes a decision on a matter involving a formal exercise of government power.

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Skelos, a Republican, and his son Adam are awaiting the appeals court's decision on whether to overturn their own corruption convictions.

"In litigations you often have a number of steps: Lower court finds this, there's an appeal, it gets overturned", the former state attorney general continued.

"Although it will be delayed, we do not expect justice to be denied", he added.

That was before he fell on the radar of crusading former U.S. Attorney Preet Bharara, whose indictment of Silver had been a crescendo in a series of prosecutions that had become known as "Albany on Trial". Testimony at his trial showed that Silver illegally obtained nearly $4 million in exchange for government actions that benefited two real estate developers and a cancer expert. United States decision, "because it is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed".

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The Silver ruling will not affect the federal corruption trials later this year of nine former associates of Governor Andrew Cuomo, including Cuomo's former top aide, on bribery and bid rigging, because those trials will take place after the Supreme Court's McDonnell ruling.

"There's no question that the government presented evidence relating to Mr".

Prosecutors will face one of their first major tests in the case against Sen.

By prosecutors' telling, Menendez tried to influence immigration-visa proceedings for the ophthalmologist's girlfriends; assisted the ophthalmologist in a dispute with the Center for Medicare and Medicaid Services; and advocated for action to help the ophthalmologist make money from a port security contract in the Dominican Republic.

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"It is not a statement that Silver did not break the law", Kramer said.

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