Joon Kim, acting US Attorney for the Southern District of NY, said in a statement that he would retry the case, noting the appellate court found that evidence presented at trial was sufficient to prove the crimes against Silver, even under a new legal standard.
A federal appeals court on Thursday overturned the corruption convictsions former New York State Assembly speaker Sheldon Silver. He was accused of taking $4 million in illegal payments.
A judge sentenced him to 12-years in prison in May 2016 after a jury on November 30, 2015 found the once-powerful Albany political figure guilty of all eight counts against him.
Former Senate Majority Leader Dean Skelos, who also appealed his conviction for orchestrating a shakedown scheme, might also benefit from McDonnell, said defense lawyer Ron Kuby. But he remained free on bail, while the panel of judges considered his appeal based on the US Supreme Court's decision in McDonnell v.
He was also an attorney for a Manhattan law firm.
The key government witness who helped bring down Sheldon Silver is hoping the disgraced pol's overturned conviction will help him get his own job back.
That case saw the judiciary body narrow what kind of conduct it believes can serve as the basis of a corruption case against an elected official. The judge in Silver's case had defined it as "any action taken or to be taken under color of official authority", which "was erroneous under McDonnell", the appeals court said. "Silver's defense attorneys argued that this obvious corruption was simply business as usual in Albany, which the Supreme Court confirmed in McDonnell-defying the common sense of two NY juries and honest people everywhere", she said in a statement.
Taub sued Columbia to get his $300,000-a-year job back but was sacked again in April after an appeals court sided with the university.
"While we are disappointed by the Second Circuit's decision, we respect it, and look forward to retrying the case".
Kim said that although justice will be delayed, prosecutors do not expect justice to be denied.
Silver was convicted of abusing his public position by engaging in two quid pro quo schemes in which he performed official acts in return for bribes and kickbacks, and that he put the proceeds of his schemes into private investment vehicles.
"Right now, if I drop a bag cash at your door but we never talk about it, there may be no felony committed", said Sen.
Heastie, a Bronx Democrat who was tapped by his Democratic colleagues to run the Assembly after Silver stepped down in 2015, offered a brief assessment of his predecessor's legal news Thursday. "Today's decision is a part of that process".
"Let's wait to find out what the final disposition is, " Cuomo said of the expected retrial.