Sheldon Silver’s 2015 Corruption Conviction Is Overturned – New York Times

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Sheldon Silver, a former New York State Assembly speaker, as he left court in 2016.

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Seth Wenig/Associated Press

A federal appeals court on Thursday overturned the 2015 corruption conviction of Sheldon Silver, the once-powerful New York State Assembly speaker who obtained nearly $4 million in illicit payments in return for taking official actions that benefited others, according to evidence presented at his trial.

In vacating Mr. Silver’s conviction, the appellate court cited a United States Supreme Court ruling last year involving Bob McDonnell, a former Republican governor of Virginia, that narrowed the definition of the kind of official conduct that can serve as the basis of a corruption prosecution.

The United States Court of Appeals for the Second Circuit in Manhattan concluded, in light of the Supreme Court’s narrower definition, that the jury instructions given by the judge in Mr. Silver’s trial were erroneous and that a properly instructed jury might not have convicted him.

“We recognize that many would view the facts adduced at Silver’s trial with distaste,” Judge José A. Cabranes wrote for a unanimous three-judge panel of the Second Circuit. “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.”

“Given the teachings of the Supreme Court in McDonnell,” Judge Cabranes added, “and the particular circumstances of this case, we simply cannot reach that conclusion.”

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