Ex-Suffolk Legis. George Guldi will face a new criminal trial Jan. 2 after the state’s highest court, the Court of Appeals, rejected efforts on both sides to challenge an appellate decision throwing out his conviction in an insurance fraud case.
Guldi was released from prison in July after serving a maximum six-year sentence on separate charges involving an $82 million mortgage scam. The former Democratic lawmaker from Westhampton Beach served between 1995 and 2003.
The state appellate division threw out Guldi’s conviction on charges of grand larceny and insurance fraud , saying the trial judge, James F.X. Doyle, erred by forcing Guldi to use one of his challenges to dismiss a juror from the panel.
Guldi had been convicted by a jury on charges of grand larceny in the second degree and insurance fraud in the third degree associated with receiving more than $850,000 in insurance proceeds from a fire that gutted his home.
The juror, who worked for AIG, the insurer that Guldi allegedly defrauded “did not provide completely unequivocal assurance that she could be fair and impartial,” the appellate panel said.
The Court of Appeals also rejected Guldi’s attempt to challenge the appellate division ruling upholding his guilty pleas on 34 counts of grand larceny and scheme to defraud in the insurance scam.
The Suffolk County district attorney’s office will retry the case. Michael Scotto, Guldi’s attorney, said there is a conference scheduled Thursday to determine if the charges can be settled without a new trial.