Ex-state Sen. Malcolm Smith is the latest crooked politicšøian to appeal his convictiošn in light of a recent Supreme Court ruling tied to public-corruption cases.
Smithās lawyerš¹, Marc Fernich, arguedą¦ in the Second Circuit Court of Appeals on Thursday that Smith shouldnāt have been convicted because he only set up meetings in exchange for kickbacks, which doesnāt constitute bribery under the Supreme Courtās ruling in ex-Virginia Gov. Bob McDonnellās case.
āThis was a key defense theme throughoutā the case, that all he did was set up meetings,ā Fernich told tź¦Æhe three-judge panel.
The countryās highest court recently overturned McDonź§nellās conviction, ruling that what he was accusedāØ of did not constitute bribery.
The Second Circuit court did not rule in Smithāš§s caš¬se, nor in that of convicted ex-Queens Republican Vice-Chair Vincent Tabone, who also argued an appeal before the panel Thursday.
Tabone ā who was tried with Smith for plotting to rig the 2013 mayoral election by getting Smith on the ticket ā claims he didnāt have a āfiduciary dutyā to his party that wouldāve barred him from accepting bribes from š Smith.
Smith is currently serving a seven-year sentence, while Tabone got 3 Ā¹/ā years.