NY appeals court overturns Sheldon Silver's corruption conviction

Syracuse.com ^ | 7/13/17 | Patrick Lohmann

[jalisco555]

The state appeals court on Thursday overturned the Sheldon Silver's 2015 corruption conviction for pocketing $4 million in kickbacks from a cancer researcher and real estate developers.

He was sentenced to 12 years in prison in May 2016. But he appealed earlier this year after the Supreme Court narrowed the definition of "official act" for the purposes of proving corruption cases. That Supreme Court case centered on alleged criminal conduct by former Virginia Gov. Bob McDonnell.

In Silver's case, the court ruled his jury was given a too-broad definition of what constitutes an "official act" in light of the Supreme Court's ruling, according to the ruling.

Silver was the New York State Assembly speaker for more than 20 years and one of the most powerful politicians in the state when he was indicted on a charge brought by then-U.S. Attorney Preet Bharar

[jalisco555]

Update- Federal prosecutors plan to re-try Silver.

http://www.syracuse.com/state/index.ssf/2017/07/federal_prosecutors_plan_to_re-try_case_against_silver_after_conviction_overturn.html#incart_breaking

[Freedumb]

"Sorry Illinois and Louisiana, New York has the most corrupt state government in the country."

When Sheldon or his successors manages to get their daughter installed as the NY State Attorney General I'll consider your assertion about NY being a more corrupt state government than Illinois. In the meantime I'll go back to counting all the recent Illinois Governors who are vacationing in the graybar hotel.

[jalisco555]

I believe the convicted NY legislators would fill an entire prison wing.

[Labyrinthos]

is there anywhere in the country where judges actually subscribe to rule of law anymore, or is knowing the judges more important than knowing the law? Just an idle question from a swamp dweller.

Allow me to educate you: The United States Court of Appeals for the Second Circuit had no choice but to overturn Silver's conviction given the United States Supreme Court's UNANIMOUS decision in McDonnell v. United States as to the definition of an "official act" under the federal anti-corruption law at issue. The District Court Judge, in Silver, charged the jury using the nearly identical definition of an "offical act" that the SCOTUS struck down the following year in McDonnell. This is not a case where the Court failed to know or follow the law; rather they followed the law exactly as interpreted by a unanimous Supreme Court.

[AndyJackson]

Thanks. I looked up the case. Yes, if the prosecutor could not nail him for an actual official act, then he should be acquitted. “I didn’t do nothing” should be a legitimate defense to a charge if in fact, no one can show you actually did something substantively corrupt.

[Fitzy_888]

[ Two Days Ago: The Opposite Verdict for a lessor NY Assemblyman ]

TITLE: Boy oh Boyland: Silver and Skelos should say their prayers

EDITORIALS
NEW YORK DAILY NEWS
Tuesday, July 11, 2017

Not in a gazillion years was ex-Brooklyn Assemblyman William Boyland Jr. going to win his appeal on 19 of his 21 bribery, fraud, extortion and theft convictions, nailed in an FBI sting, but his lawyers piled many billable hours on one thin reed:

Last year, the U.S. Supreme Court unanimously threw out the corruption conviction of Virginia’s ex-governor because he talked big but delivered little for his generous benefactors, deemed in bounds as government business.

So — Oho! — Boylan’s lawyers said his jury might have gotten off-base instructions. Which mattered not a whit in the case of this incorrigible shakedown artist, his conviction upheld Monday. Guilty former Albany leaders Sheldon Silver and Dean Skelos, whose attorneys are throwing the same Hail Mary pass, should say their prayers.

(END)