Federal appeals court overturns Sheldon Silver corruption conviction

<p>A federal appeals court has overturned the corruption conviction of former New York State Assembly Speaker Sheldon Silver Thursday.&nbsp;</p>

News 12 Staff

Jul 13, 2017, 2:13 PM

Updated 2,488 days ago

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A federal appeals court overturned the corruption conviction of former New York state Assembly Speaker Sheldon Silver Thursday after the panel ruled the jury was given flawed instructions on what constitutes an "official act." 
Silver was sentenced last year to 12 years in prison on charges that he used his political power in return for millions in kickbacks.
In a 54-page decision, the court said, based on a Supreme Court ruling from last year, instructions given by the judge to the jury in Silver's case were too broad.
Political analyst Jerry Kremer says there is a chance that he would have been acquitted had the instructions been narrower. 
"They said the judge went too far and the jury acting on that in the minds of the court went too far," says Kremer. 
Attorneys for Silver said, "We are grateful the court saw it our way and reversed the conviction on all counts." 
Acting U.S. Attorney Joon H. Kim issued a statement on the decision: 
Former federal prosecutor Sen. Todd Kaminsky said in a statement that the decision is "one more striking blow to  [voters']  faith in honest government." 
"It is well past time that our state Legislature enact real anti-corruption measures and empower local district attorney offices to bring corruption cases," the statement reads. 
Preet Bharara, who served as U.S. Attorney for the Southern District of New York and successfully prosecuted Silver, said in a tweet that he expects Silver to be re-tried and re-convicted.
 
The U.S. Attorney's office says it will retry the case. 
It is unknown if the decision will have any implications on the conviction of former New York Senate Majority Leader Dean Skelos, of Rockville Centre. His conviction is also being appealed.  Political analyst Jerry Kremer says Skelos' legal team should be "cautiously optimistic."
See the decision below. 


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