Marshall Remains Free

As I have previously discussed, Anthony Marshall was appealing his three year sentence from his 2009 conviction. Recently, the Appellate Division did not find in favor of Marshall and unanimously upheld his conviction. In 2009, Marshall was found guilty of fraud and stealing $60 million from his mother, Brooke Astor. More specifically, Marshall was convicted of forging his mother’s will. Now, “Supreme Court Justice Kirke Bartley will allow Marshall, 88, to remain free for now so he can take one further shot at appealing his swindle conviction.” The only court that remains in New York is the Court of Appeals.

At the moment, neither Marshall nor his attorney Frances Morrissey have filed petitions, known as preliminary leave applications, with the Court of Appeals. Unfortunately for Marshall and Morrissey, the Court of Appeals does not accept most of the cases that come before it. In fact, the Court of Appeals only accepts about 5% of cases in New York that are brought to it.

See Laura Italiano, Anthony Marshall To Remain Free As He Attempts One More Appeal of Brooke Astor Swindle Conviction, New York Post, Apr. 15, 2013.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.