A federal appeals court has affirmed the convictions of former state Senate Democratic leader Malcolm Smith and Queens Republican official Vincent Tabone for scheming to get Smith’s name on the 2013 New York City Republican primary mayoral ballot.
The 2d U.S. Circuit Court of Appeals on Thursday rejected several legal challenges, including a claim that regulation of the ballot process for parties was a state function, and federal prosecutors should not have intruded with a corruption case.
Smith was convicted of conspiring with others to bribe Tabone and other New York City county Republican leaders to give him so-called “Wilson-Pakula” certificates allowing a Democrat to run on the GOP ballot.
Smith was sentenced to seven years in prison for the scheme, and Tabone was sentenced to 3-1/2 years.