Update: Appeals Court Delays Former Speaker Sheldon Silver’s Retrial

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(Update – Aug. 3) – The Second U.S. Circuit Court of Appeals has decided former Assembly Speaker Sheldon Silver will not be retried while he appeals his case to the U.S. Supreme Court.

The Second Circuit Court has also recently decided to overturn Sheldon’s conviction on 2015 corruption charges, for which he’d been sentenced to 12 years in prison.

The court’s new decision will allow Silver to delay his re-trial, until the Supreme Court decides whether or not to hear his case.

Silver’s attorneys are hoping the Supreme Court will dismiss the case in its totality, in order for Silver to avoid facing a re-trial for the crimes.

“The court recognized the significance of the issues we will be raising in the Supreme Court,” Steven Molo and Joel Cohen, lawyers for Silver, said in a statement. “It put a halt to the trial court proceedings to allow us to do that.” 

Silver had been convicted on seven charges of corruption, including accepting over $4 million in bribes and kickbacks, on Nov. 30, 2015, and federal prosecutors have currently vowed to retry the case.

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(From July 17) – A federal appeals court has overturned former Assembly Speaker Sheldon Silver’s 2015 conviction for corruption.

Silver, 73, had been convicted on seven charges of corruption, including accepting over $4 million in bribes and kickbacks, on Nov. 30, 2015.

He was sentenced to 12 years in prison for the crimes.

The appeals court reportedly found the judge’s instructions to the jury in the case had been too broad, and said, had the jury been properly instructed, jurors might not have convicted Silver of the charges.

“We recognize that many would view the facts adduced at Silver’s trial with distaste,” Judge José A. Cabranes wrote in the three-judge panel’s decision. “The question presented to us, however, is not how a jury would likely view the evidence presented by the government. Rather, it is whether it is clear, beyond a reasonable doubt, that a rational jury, properly instructed, would have found Silver guilty.”

However, despite the court’s decision, the panel also found that evidence in the case had been legally sufficient to support a conviction.

As a result, federal prosecutors have said they plan to retry the case.

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(From May 3, 2016) – Sheldon Silver, former Democratic speaker of the New York State Assembly, was sentenced to 12 years in prison for corruption May 3.

Silver, 72, was convicted on seven charges of corruption, including accepting over $4 million in bribes and kickbacks, on Nov. 30, 2015.

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