Appeals Court Vacates Sheldon Silver's Conviction

Appeals Court Vacates Sheldon Silver's Conviction

Appeals Court Vacates Sheldon Silver's Conviction

In overturning the conviction Thursday, the Manhattan court cited a US Supreme Court ruling a year ago in the case of Bob McDonnell, a former Republican governor of Virginia, that narrowed the definition of the kind of official conduct that can serve as the basis of a corruption prosecution.

Sheldon Silver, 73, was sentenced to 12 years in May 2016 after more than 20 years as Assembly speaker.

The Second Circuit didn't outright acquit Silver, determining "the evidence was enough that a properly instructed jury could have convicted him", Kramer said.

Silver was convicted in November 2015 on all seven counts against him in his high-profile federal corruption trial involving some $4 million in allegedly illegal payments, bringing to an end a career in which he spent two decades as one of the state's most powerful political figures.

Prosecutors said they were disappointed by the ruling, but looked forward to retrying the case.

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

Former Speaker Silver is not the first legislative leader to see his corruption conviction overturned on appeal. Silver's appeal was based, in part, on a claim that the court defined an official act too broadly in its instructions to the jury.

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"While the facts of Skelos, Silver and McDonnell really have nearly nothing to do with each other, the legal question is common to all", said Kuby, who did not work on the case but is familiar with it.

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

"There's no question that the government presented evidence relating to Mr". In the other alleged scheme, Silver performed favors for two real estate developers who had hired, at Silver's request, another law firm that paid referral fees to Silver.

Former U.S. Attorney Preet Bharara, whose office had prosecuted Silver, tweeted, "The evidence was strong".

Kelly Kramer, a white-collar criminal defense attorney at the Mayer Brown law firm, said that Silver's conviction had always been considered "one of the most vulnerable" after the Supreme Court's decision on McDonnell.

Joon H. Kim, the Acting U.S. Attorney in the Southern District of NY, said in a statement that prosecutors were "disappointed" in the decision, but "look forward to retrying the case". Menendez is accused of helping a Florida ophthalmologist with government business in exchange for campaign contributions and posh getaways.

"It is not a statement that Silver did not break the law", Kramer said. He said the reversal reinforces voters" cynicism: "They think, "Of course you can get away with it'".

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