Disgraced Albany pol Sheldon Silver is betting that the same court that gave Virginia’s former governor a pass on bribery charges will do the same for him.
On Friday Silver asked the Second Circuit Court of Appeals to let the Supreme Court weigh in before the Manhattan U.S. Attorney retries his case.
The Second Circuit tossed Silver’s conviction, finding that the judge improperly instructed the jury on the law. Manhattan U.S. Attorney Joon Kim has said he will retry the once powerful ex-Assembly speaker.
Silver, 73, was convicted in a $ 5 million scheme and sentenced to 12 years in prison. He’d been allowed to stay out of jail pending his successful appeal earlier this month.
The appeals court’s decision was based in part on a Supreme Court ruling that ex-Virginia Gov. Bob McDonnell did not commit a “theft of government services” when he went to bat for a corporate executive who showered him and his wife with gifts.
On Friday a spokesman for the Manhattan U.S. attorney declined to comment, but noted that Kim still plans to retry Silver.