Conviction of former Assembly Speaker Sheldon Silver overturned
Conviction of former Assembly Speaker Sheldon Silver overturned
Preet Bharara the U.S. attorney who prosecuted Silver wrote in a tweet that he was confident Silver would be convicted at his retrial
14 July, 2017, 00:46
The problem, the court said, was that the trial judge's instructions to the jury fell short of the standard set by the U.S. Supreme Court previous year - long after Silver's trial - when it reversed the conviction of former Virginia Gov.
In May 2016, a Manhattan federal court sentenced him to 12 years in prison for corruption. He said lawmakers have taken no steps to rein-in their outside income or empower independent prosecutors to go after corruption - even in the wake of the conviction of Silver and ex-Long Island Sen.
He also said that political corruption can still be prosecuted by the government, and noted that McDonnell's actions were "distasteful". Dean Skelos (who is making an appeal similar to Silver's) and a bid-rigging scandal touching on Cuomo's formerly closest aide. At least not after the guidance the Supreme Court had handed down in the McDonnell case, which found the justices grappling with what counts as an "official act" under federal anti-bribery statute.
The U.S. Court of Appeals for the 2nd Circuit in Manhattan concluded, in light of the Supreme Court's narrower definition, that the jury instructions given by the judge in Silver's trial were erroneous and that a properly instructed jury might not have convicted him.
The court ruling does not dispute the facts presented in the case. "Although it will be delayed, we do not expect justice to be denied".
"There's no question that the government presented evidence relating to Mr". The court found that the instructions given to the jury by the judge at Silver's trial were wrong, considering the new definition established by the McDonnell case.
"The evidence was strong", Preet Bharara, the former USA attorney who brought the case, tweeted Thursday.
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. Or to use his or her position to "exert pressure on another official to perform an official act". And Silver, analysts said, might have similar trouble. He said the reversal reinforces voters" cynicism: "They think, "Of course you can get away with it'". "It remains to be seen whether he wins the war".
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