Sheldon Silver's Corruption Conviction Has Been Overturned

Sheldon Silver as he left court in New York in 2016. Credit Seth Wenig  Associated Press

Silver was convicted in 2015 on federal corruption charges that he pocketed $4 million in exchange for political favors.

The corruption conviction of the former New York State Assembly Speaker, Sheldon Silver, was overturned Thursday on a technicality by a federal appeals court.

"We look forward to presenting to another jury the evidence of decades-long corruption by one of the most powerful politicians in New York State history", Kim said.

The Silver case was returned to the original trial court, where the ex-lawmaker, now 73, can be retried, The New York Times reported. According to prosecutors, Silver, a lawyer, persuaded a doctor to pass on "valuable leads to unrepresented patients with mesothelioma", and in return, routed grants to the doctor for research and gave other help. It's not that Silver isn't a crook, it's that the rules regarding jury instructions had changed.

More news: GOP Lawmakers Offer to Introduce Legislation to Help Baby Charlie Gard

Kim said a retrial would likely provide "the justice that New Yorkers got upon Silver's conviction". 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.

"Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard", he said.

In Thursday's decision, Circuit Judge Jose Cabranes said the McDonnell holding tainted the instructions Silver's jury had been given, through no fault of prosecutors or the trial judge. Silver's jury only considered whether he had acted "under the color" of his elected office.

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

More news: BBY Stock Crashes - Here's Why Best Buy is Toast

Conviction of former New York State Assembly...

"He definitely sort-of wins the battle", Eliason said of Silver.

"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.

"I don't know what people will find and argue about this", Cuomo said in Buffalo when asked if the decision would raise the noise level surrounding ethics reform in the Legislature again.

More news: UNESCO declares Hebron, West Bank, a world heritage site

Related:

  • Live Crew co-founder Fresh Kid Ice dies at 53

    Live Crew co-founder Fresh Kid Ice dies at 53

    Uncle Luke and other notable artists paid homage to Fresh Kid Ice , who was also known as " The Chinaman " on social media. Fresh Kid Ice , whose real name was Chris Wong Won , is known as one of the first Asian rappers in America.
    White House attacks CBO health care inaccuracy, misspells 'inaccurately'

    White House attacks CBO health care inaccuracy, misspells 'inaccurately'

    The deficit could fall to between 2.6% and 3.3% of gross domestic product over the next 10 years, the CBO said. The White House blueprint would cut $2 trillion in mandatory spending, including $1.9 trillion on health care.
    Canada 'paid $8m' to Omar Khadr, ex-Guantanamo detainee

    Canada 'paid $8m' to Omar Khadr, ex-Guantanamo detainee

    Mr Goodale denied any claim the settlement was rushed to block legal attempts to halt the payout by the pair. In 2010, Canada's Supreme Court ruled that he was interrogated under "oppressive circumstances".
  • Pope makes creation of modern day saints easier

    Pope makes creation of modern day saints easier

    Being killed for the Faith, or martyrdom, does not require a miracle to advance to beatification. Pope Francis has just signed a motu proprio opening sainthood to those who have died for others.
    Disturbed sleep can increase risk of developing Alzheimer's disease

    Disturbed sleep can increase risk of developing Alzheimer's disease

    They had no prior sleep problems and were given an activity monitor for their wrists to wear for two weeks to measure their sleep. According to the Alzheimer's Association , there are more than 5 million Americans living with the disease.
    What? Where? When? Updates T20 Cricket Match: India vs West Indies 2017

    What? Where? When? Updates T20 Cricket Match: India vs West Indies 2017

    Windies: Carlos Brathwaite is leading the side, which also includes the likes of Chris Gayle, Kieron Pollard and Marlon Samuels . In this series , five matches are finished India won 3 matches and West Indies won 1 match and remain one match was no result.
  • United States  asks China to release Liu Xiaobo's wife from house arrest

    United States asks China to release Liu Xiaobo's wife from house arrest

    By the time Liu, a scholar and human rights advocate, was diagnosed in late May , his liver cancer was already in its late stages. Liu's wife, the poet Liu Xia, remains under house arrest , although she has not been charged with an offense.
    Ivanka Welcomes Robotics Team From Afghanistan

    Ivanka Welcomes Robotics Team From Afghanistan

    When he came to learn of visa denials, the president urged National Security Council officials to help the group enter the US. The Department of State originally denied the Afghan girls visas at least twice, causing some backlash among the public.
    David Nwaba Waived by Los Angeles

    David Nwaba Waived by Los Angeles

    That it happened this late in the offseason left Caldwell-Pope without many options, and played right into the Lakers' hands. It was clear Kentavious Caldwell-Pope wasn't going to return to the Pistons when the team renounced his rights last week.
  • Paul Walker's Tribute Song is the Most Watched Video on YouTube

    Paul Walker's Tribute Song is the Most Watched Video on YouTube

    By around midmorning PST this Tuesday, See You Again had clocked more than 2.896 billion views, Gangnam Style over 2.894 billion . Another music video, the song "See You Again" by Wiz Khalifa and Charlie Puth , has taken the crown.

    Martial law to remain in Southern Philippines

    Padilla said the government would initially provide tents to the Marawi evacuees, and then build a "single detached cottage" for every family member as temporary shelter.
    Tour de France: Marcel Kittel collects third win in seventh stage

    Tour de France: Marcel Kittel collects third win in seventh stage

    It was the second win at this Tour for a French rider, after Arnaud Demare's on Stage 4. Stage 6 has a rolling profile and we may see the faster riders try to break away early.

Comments

Latest news

Verizon partner data breach exposes millions of customer records
In this case, it wasn't Verizon itself that is responsible for the leak, but rather a third-party company partnered with Verizon . Verizon conducted an investigation into the matter and concluded that the data had not been accessed by any "external parties".

Where to Celebrate National Fry Day
Steak 'N Shake: Order $25 worth of gift cards and you'll get a double steakburger, regular soft drink and french fries for free. Arby's - The chain is giving away free curly fries with an order of a Brown Sugar Bacon Sandwich.

Missing 'Boys' Add Up to Big Mystery in Bucks County Pennsylvania
Police on Monday arrested Cosmo DiNardo , 20, whose family owns the farm in Solebury Township that authorities searched. Dinardo was released Tuesday evening after his father paid 10% of his $1 million bail in cash, according to Weintraub.

Venus Williams into Wimbledon semis with impressive win over Jelena Ostapenko
I was not playing bad, but I was just not playing the way I wanted to play. "Honestly, they were just cheering for me". The Latvian has been a cyclone of a player during that run but she vanished, lost in the storm of the Williams serve.

Bixby Bombing Suspect Faces Federal Charges
Witnesses say a person on a red motorcycle threw a backpack at the building, and believe a pipe bomb could have been inside. On social media, he often complained about being mistreated by the air force and bemoaned the plight of other vets.

Oculus Rift and Touch controllers on sale for $399 through summer
Almost $800 in the U.S. to be exact should you've been interested in both the Rift and its accompanying Touch controllers . It's the second big price drop for the VR headset , which was originally sold at an RRP of $799.

Uber says it will improve conditions for United Kingdom drivers
With our app drivers are totally free to choose if, when and where they drive with no shifts or minimum hours. Experts and even gig economy companies themselves say the status is too vaguely defined.

Why India's biggest stock exchange had to shut
On May 18 previous year , New York Stock Exchange was flummoxed as trading for 199 ticker symbols halted due to a technical issue. An NSE spokesperson said normal trading in cash and F&O (futures and options) category will resume at 1230 hours.

PS4 Pro Destiny 2 Limited Edition Bundle Revealed
Are you sold on the PS4 Pro's merits? As for what kind of disc the new PS4 Pro comes with, it's a Blu-ray Deluxe Edition copy. Some things in this world don't serve much of a objective , and Sony's Destiny 2 "Limited Edition" PS4 Pro is one of them.

Man proposes to girlfriend while being arrested
Thompson's family had been celebrating his birthday and Independence Day in their front yard when police showed up to the scene. According to CNN , Thompson was arrested on six felony warrants for failure to appear in court and failure to pay.

Case of critically-ill baby back in court after Pope, Trump support
Britain's government won't play a role in deciding the future course of Charlie's treatment, an official said Sunday. Mr Justice Francis is overseeing a preliminary hearing in the Family Division of the High Court .

Steel Tariffs To Play Major Role At G20 Summit
The Germans are waiting to hear from President Donald Trump during the G20 summit, which begins on Friday in Hamburg , Germany. His point was that it doesn't make sense to talk about bilateral trade deficits in a multilateral world, the official said .

Tour de France: Dan Martin loses ground after two falls
Bardet, riding on familiar roads - his AG2R-La Mondiale team is based here - attacked on the final descent and got clear. Thomas had crashed on another descent much earlier in the stage and quit the Tour with a fractured collarbone.

Trump says United Kingdom trade deal expected 'very quickly,' confirms London visit
Turkish President Recep Tayyip Erdogan met his USA counterpart Donald Trump Saturday on the sidelines of the G20 summit in Hamburg, Germany, Anadolu reported.

US Ambassador: North Korean Missile Was A 'Clear & Sharp Military Escalation'
Haley said she had consulted earlier Wednesday with President Trump , who now supports using trade to put pressure on North Korea. The test has sent jitters through global stock markets, with shares falling on Thursday.

Other news