State court rejects Astor son's appeal

A state judge upheld the conviction of Brooke Astor's son for stealing millions of dollars from her estate.

In 2009, Anthony Marshall was convincted fraud and grand larceny for changing his mother's will as she suffered from Alzheimer's disease and dementia. One count of grand larceny was dismissed.

Prosecutors accused Marshall, 88, and his attorney, Francis Morrissey, of altering Astor's will despite knowing the philanthropist was unable to understand or consent to the changes. They charged that Morrissey forced Astor's name on one amendment to the will.

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

The court denied Marshall's effort to avoid his one to three-year jail sentence on grounds that he is an elderly man in poor health without a criminal record.