Mazel Tov: Court Overturns Shelly Silver's Conviction

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

Silver was sentenced last May to 12 years, but had been allowed to stay out of prison while the case was on appeal.

Silver, a Democrat who represented the Lower East Side in the assembly for almost four decades, had been convicted on seven counts of bribery and corruption last May.

"I have no doubt that when this case is retried, as the acting US attorney for the Southern District of NY has said it will be, that yet another jury of everyday New Yorkers will find that this is not only corrupt, but illegal". The McDonnell ruling says that official action must involve formal and concrete government actions or decisions, such as filing a lawsuit or holding a hearing, not just making phone calls or setting up meetings.

"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. "Although it will be delayed, we do not expect justice to be denied".

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Joon Kim, the acting U.S. Attorney for the Southern District of NY, said he looks forward to retrying the case.

The Silver case was returned to the original trial court, where the ex-lawmaker, now 73, can be retried, The New York Times reported.

"The evidence was strong", Preet Bharara, the former U.S. attorney who brought the case, tweeted Thursday.

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. United States decision, "because it is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed". 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.

Prosecutors will face one of their first major tests in the case against Sen. Or to use his or her position to "exert pressure on another official to perform an official act". In fact, they rejected every attempt by Silver's legal team to contest the quality of the dirty deeds prosecutors aired during his five-week trial.

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