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Sheldon Silver bid on secret evidence rejected by judge

Former New York State Assembly Speaker Sheldon

Former New York State Assembly Speaker Sheldon Silver exits Federal Court in Manhattan after being re-arraigned on new charges on Tuesday, April 28, 2015. Credit: Charles Eckert

A federal appeals judge on Thursday rejected former Assembly speaker Sheldon Silver’s attempts to keep secret some evidence that was not admitted at his corruption trial last year, but kept the material under wraps while an unnamed third party pursues an appeal.

The rulings by Second U.S. Circuit Court of Appeals Judge Raymond Lohier focused on sealed documents and transcripts that U.S. District Judge Valerie Caproni last month said should be made public, over stiff resistance by Silver’s lawyers.

The ex-speaker was convicted on corruption charges last year and faces sentencing in April. The substance of the evidence — which Caproni kept out of Silver’s trial — is not known, nor is the identity of the third party it involves, referred to as “Sealed Party A.”

Lohier said that Silver would get to appeal his conviction, and had no right to a separate review now of a post-trial order. But he said the unnamed third party might be entitled to appeal, and referred the matter to a three-judge panel for an “expedited” hearing.

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