"The question presented to us, however, is not how a jury would likely view the evidence presented by the government", he added.
The arrests of Silver, who held his Assembly seat for more than 40 years, and former state Senate Majority Leader Dean Skelos, a Rockville Centre Republican, caused a political shockwave across the state and led to the downfall of two of Albany's most powerful leaders.
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Former Virginia Gov. Bob McDonnell's Supreme Court win is helping out two former NY legislative leaders. In the other alleged scheme, Silver performed favors for two real estate developers who had hired, at Silver's request, another law firm that paid referral fees to Silver. On May 3, 2016, federal judge Valerie E. Caproni of the United States District Court for the Southern District of NY sentenced Silver to 12 years in jail, and ordered him to pay $5.3 million in ill-gotten gains and $1.75 million in additional fines. And while the federal appeals court said in its opinion Thursday that there was sufficient evidence to prove Silver's guilt, it found issue with jury instruction related to the definition of an official act. Acting U.S. Attorney Joon Kim said Silver would be retried.
Now, Reice said he's looking at whether the Court of Appeals, the state's highest court, will reconsider Taub's case given the ruling on Silver. "Silver's receipt of benefits connected to his official position", said David Siegal, a partner at Haynes and Boone, but "I don't think the evidence is a slam-dunk either way on retrial".
That language of the 48-page ruling, which includes six pages of appendices, echoes what the Supreme Court's Chief Justice John Roberts said of McDonnell.
By prosecutors' telling, Menendez tried to influence immigration-visa proceedings for the ophthalmologist's girlfriends; assisted the ophthalmologist in a dispute with the Center for Medicare and Medicaid Services; and advocated for action to help the ophthalmologist make money from a port security contract in the Dominican Republic. And Silver, analysts said, might have similar trouble. "It remains to be seen whether he wins the war".