A federal appeals court on Thursday overturned the 2015 corruption conviction of Sheldon Silver, the once-powerful New York State Assembly speaker who obtained nearly $4 million in illicit payments in return for taking official actions that benefited others, according to evidence presented at his trial.
In vacating Mr. Silverâs conviction, the appellate court cited a United States Supreme Court ruling last year involving Bob McDonnell, a former Republican governor of Virginia, that narrowed the definition of the kind of official conduct that can serve as the basis of a corruption prosecution.
The United States Court of Appeals for the Second Circuit in Manhattan concluded, in light of the Supreme Courtâs narrower definition, that the jury instructions given by the judge in Mr. Silverâs trial were erroneous and that a properly instructed jury might not have convicted him.
âWe recognize that many would view the facts adduced at Silverâs trial with distaste,â Judge JosÃ© A. Cabranes wrote for a unanimous three-judge panel of the Second Circuit. âThe question presented to us, however, is not how a jury would likely view the evidence presented by the government. Rather, it is whether it is clear, beyond a reasonable doubt, that a rational jury, properly instructed, would have found Silver guilty.â
âGiven the teachings of the Supreme Court in McDonnell,â Judge Cabranes added, âand the particular circumstances of this case, we simply cannot reach that conclusion.â