Conviction upheld of Brooke Astor's son Anthony Marshall

The 88-year-old heir to an illustrious American fortune lost an appeal Tuesday of his conviction on charges of plundering his mentally failing mother's millions, raising the prospect of a prison term he has argued he's too sick to withstand.

The state Supreme Court's Appellate Division ruled Anthony Marshall's 2009 conviction, which came in a case that shone a spotlight on New York society, was based on legally sufficient evidence. Appeals judges also rejected Marshall's argument that he should be spared prison because of his age, illness and service as a World War II veteran and U.S. ambassador.

"The record amply supports the jury's determination that Marshall committed a series of larcenous acts," the appellate judges wrote. "We are not convinced that as an aged felon Marshall should be categorically immune from incarceration."

Marshall was sentenced to 1 to 3 years in prison but was allowed to stay free on bail during the appeal. Tuesday's decision sent the case back to the trial judge for further proceedings, but it wasn't immediately clear whether Marshall would soon have to report to prison or if he might appeal further and remain free on bail.

Marshall's lawyer John Cuti said he was exploring his client's legal options, including more avenues for appeals. "We are, of course, deeply disappointed in the decision," Cuti said.

Manhattan district attorney's office spokeswoman Erin Duggan said the case "underscored the importance of prosecuting elder abuse, particularly financial fraud perpetrated by those close to the victims."

The grand dame of the city's social elite before her death in 2007, Brooke Astor gave away huge amounts of money she inherited from her third husband, Vincent Astor. He was a great-great-grandson of real estate and fur magnate John Jacob Astor, one of the first multimillionaires in the United States.

Her son -- a former ambassador, author and Broadway producer who was awarded the Purple Heart after being wounded at Iwo Jima -- was convicted of exploiting Astor's dementia to help himself to millions of dollars of her $200 million fortune, engineer changes to her will and even take artwork off her walls after she was diagnosed with Alzheimer's disease. Astor was 105 when she died.