ALBANY -- Former Assembly Speaker Sheldon Silver will likely avoid prison until late October while a judge continues to weigh whether he should remain free during his appeal.
U.S. District Judge Valerie Caproni set a new schedule Thursday for Silver's potential surrender, clearing the way for Silver to turn himself in no earlier than Oct. 27 -- if he's ordered to prison while his appeal is ongoing.
Silver, 72, was convicted in November of fraud, extortion and money laundering for his role in kickback schemes and investments that netted him $5.2 million. He was sentenced to 12 years in prison and a $1.75 million fine on top of forfeiting the money he made.
He had previously been scheduled to surrender Aug. 31.
But Caproni has yet to rule on Silver's motion to remain free on bail while he appeals the conviction, and her order Thursday signals she may not rule before he was to turn himself in.
Caproni's order lays out a new schedule: Silver would have 14 days to surrender if Caproni orders him to prison while he appeals his conviction.
If Silver appeals such a ruling -- as his legal team has signaled it would -- an appeals court would decide whether he remains free while he continues to fight his conviction. If the appeals court decides he should be in prison during his overarching appeal, Silver would be forced to turn himself in on Oct. 27 or 14 days after its ruling, whichever is later.
Silver and former Senate Majority Leader Dean Skelos, a Nassau County Republican, began 2015 as the leaders of the state Legislature. But both were convicted of corruption charges and ousted from office before the year ended.
A federal judge ruled earlier this month that Skelos can remain free while he appeals his ruling.
Silver led the state Assembly from 1994 until shortly after his arrest in 2015.