Mazel Tov: Court Overturns Shelly Silver's Conviction

Sheldon Silver
Sheldon Silver Credit New York Now File
Author

14 July, 2017

In its conclusion, the United States Court of Appeals for the Second Circuit in Manhattan cited a unanimous U.S. Supreme Court decision past year that allowed Virginia Gov.

Cabranes said that while "many would view the facts adduced at Silver's trial with distaste", it was not clear beyond a reasonable doubt that a properly instructed jury would have convicted Silver.

Since just about every conviction Silver was nailed for depended on whether he took an "official act", the Second Circuit suggested prosecutors needed to start over.

No matter how bad these facts may have appeared on paper, the Second Circuit ruled as "erroneous" the convictions that resulted from them.

"While we are disappointed by the Second Circuit's decision, we respect it, and look forward to retrying the case", Kim said in a statement, noting that the appeals court said it found sufficient evidence for a conviction even under the new legal definition.

Silver had been sentenced to 12 years in prison in May 2016 partly for receiving $3.7 million in law firm referral fees for exerting his influence as a top Democratic lawmaker.

"There's no question that the government presented evidence relating to Mr".

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He added: "I don't know the basis of our Speaker for calling the extension of martial law because extending this is a political decision".


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In 1994, an Israeli settler shot and killed 29 Palestinian worshippers at the holy site before he was beaten to death. Jews regard the Tomb of the Patriarch as the burial place of the Jewish patriarchs and matriarchs .


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The injured child, a nine-year-old girl, survived but remained in hospital with injuries described by police as serious. However, when the judge listed the charges, she shook her face head "no" and flapped her finger at him.


The ruling adds further uncertainty as to what will happen with the appeal of the conviction of former New York Senate leader Dean Skelos.

But the Manhattan U.S. Attorney's Office has vowed to retry Silver, and several experts interviewed by the Daily News said he could still wind up behind bars. And Silver, analysts said, might have similar trouble.

Silver's lawyers argued during his appeal in March that prosecutors tried to charge him for carrying out legal, unofficial acts - such as setting up meetings and helping his cronies' kids land jobs.

"He definitely sort-of wins the battle", Eliason said of Silver. Testimony at his trial showed that Silver illegally obtained nearly $4 million in exchange for government actions that benefited two real estate developers and a cancer expert.

"What I think it means is there's a lot of cases where there's kind of inappropriate or unappealing behavior by politicians, and that kind of stuff isn't going to get prosecuted unless the government can really point to a specific vote or funding grant or official action", Kramer said.

Both denied, however, being influenced by the money, a distinction the Supreme Court found significant when its ruling for McDonnell effectively legalized the buying of political access.


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