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Conviction of Dan Halloran, ex-councilman, affirmed by court

Dan Halloran exits federal court in White Plains

Dan Halloran exits federal court in White Plains on April 22, 2013. Photo Credit: Charles Eckert

A federal appeals court in Manhattan on Thursday upheld former New York City Council member Dan Halloran’s conviction for taking bribes and arranging payoffs to help former state Sen. Malcolm Smith get on the 2013 Republican mayoral primary ballot.

The U.S. Second Circuit Court of Appeals said ample evidence supported Halloran’s 10-year prison sentence for agreeing to provide City Council discretionary funds to an undercover agent in an FBI sting and to set up bribes to Republican county chairs to help Smith.

The court also rejected his claim that the federal “honest services fraud” law — used to convict legislative leaders Sheldon Silver and Dean Skelos — was unconstitutionally vague and criminalized payoffs that would be legal if disguised as campaign donations.

In addition to Halloran, Smith and two Republican county chairmen were convicted in the case. The councilman was caught on one secret FBI tape saying that money was “what greases the wheels, good, bad or indifferent.”

Halloran, 45, is being held at a minimum-security prison camp in Ashland, Kentucky, and is scheduled to be released in 2024, according to the U.S. Bureau of Prisons website.

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