ALBANY - Former state Assembly Speaker Sheldon Silver filed notice Wednesday that he will appeal his federal conviction, while a judge ruled he will remain free from prison until at least Aug. 31.
Silver, a Manhattan Democrat, had been scheduled to surrender to authorities by July 1 to begin a 12-year stint in federal prison after he was sentenced earlier this month.
But U.S. District Judge Valerie Caproni agreed Wednesday to allow Silver to remain free until at least Aug. 31 as he waits for the U.S. Supreme Court to rule on the case of former Virginia Gov. Robert McDonnell, which Silver's legal team believes could have an impact on his case.
Silver, 72, separately filed notice with the court Wednesday, alerting the judge he will take his case to the 2nd Circuit Court of Appeals. His legal team is also asking Caproni to allow Silver to remain free on bail while he appeals.
An assemblyman for 38 years, Silver served as Assembly speaker -- one of the three most-powerful positions in state government -- for more than 20 years before he resigned amid pressure following his January 2015 arrest.
Silver was forced from office entirely after he was convicted of two counts each of mail fraud, wire fraud and extortion, as well as a single money-laundering charge.
A jury found him guilty in a pair of schemes in which he pocketed $4 million in kickbacks before investing the funds to make another $1 million.
Caproni issued her sentence May 3, fining him $1.75 million on top of more than $5 million in forfeiture and the prison time.
McDonnell's case, meanwhile, could lead the Supreme Court to narrow the definition of "official act" under the federal theft of honest services statute, which Silver was convicted under.
Former Senate Majority Leader Dean Skelos, R-Nassau County, is also hoping the Supreme Court's decision could bolster his case for an appeal.
Skelos was sentenced to 5 years in prison and a $500,000 fine on May 12, just nine days after Silver was sentenced. He was convicted of scheming to use his influence to get his son jobs with companies with business before the state.
Like Silver, Skelos is asking a federal judge to allow him to remain free on bail pending an appeal and the Supreme Court's McDonnell decision. A surrender date has not yet been set for Skelos.
On Monday, U.S. Attorney Preet Bharara's office agreed to postpone Skelos' "bail pending appeal" briefing until after the McDonnell decision is handed down, which is expected to be before the Supreme Court's current term ends June 27.
