Applying 'McDonnell,' Circuit Affirms Ex-Assemblyman's Public Corruption Conviction
With the convictions of Sheldon Silver and Dean Skelos on appeal before the circuit, the ruling upholding the conviction of William Boyland Jr. is expected to play less of a role as precedent than as an example of the circuit committing to reviews of the facts of each case specifically to determine what, if any, of the U.S. Supreme Court's public corruption precedent should be applied.
July 10, 2017 at 06:05 PM
6 minute read
In its first order fully weighing the U.S. Supreme Court's public corruption precedent, the U.S. Court of Appeals for the Second Circuit on Monday upheld the conviction of former state Assemblyman William Boyland Jr.
The circuit in U.S. v. Boyland, 15-3118, found that despite erroneous instruction to jurors by Eastern District Judge Sandra Townes in a number of the honest services counts, the overwhelming facts of the case meant Boyland did not meet the plain error standard.
The result unlikely rattled expectations, as observers saw Judges Amalya Kearse, John Walker Jr. and Peter Hall review a case that already met the high burden for Boyland of meeting the plain error standard, which the panel said he did not.
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