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Sheldon Silver’s prison surrender delayed by two months

Former Democratic New York State Assembly Speaker Sheldon

Former Democratic New York State Assembly Speaker Sheldon Silver exits Manhattan Federal District Court after being sentenced to 12 years on corruption related charges, Tuesday, May 3, 2016. Photo Credit: Bryan R. Smith / Bryan R. Smith

Convicted former Assembly Speaker Sheldon Silver will get at least two more months to enjoy the summer before he goes to prison, a judge ruled on Wednesday.

U.S. District Judge Valerie Caproni, who early this month sentenced Silver, 72, to 12 years in prison on his corruption conviction, said a delay in his surrender from July 1 to Aug. 31 was needed to consider the effect of an upcoming Supreme Court ruling on his case.

Caproni also set up a five-week briefing schedule after the Supreme Court rules in former Virginia Gov. Bob McDonnell’s challenge to his corruption conviction to allow her to decide if Silver is entitled to bail pending appeal because a reversal is likely.

The McDonnell case involves questions of what constitutes an “official act” in return for benefits to trigger criminal liability for bribery or honest services fraud. In oral arguments, both conservative and liberal arguments questioned existing standards.

Former New York Senate Majority Leader Dean Skelos, 68, and his son Adam, 33, who last week were sentenced on corruption charges to 5 years and 6½ years in prison, respectively, have also claimed that they deserve bail pending appeal based on the Supreme Court’s likely ruling, and U.S. District Judge Kimba Wood has delayed their surrender for at least three months.

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