NEW YORK (CBSNewYork) – The day of reckoning for late socialite Brooke Astor’s son has been pushed off yet again.
The appellate division granted Anthony Marshall, 89, a last-minute stay, which has kept him out of prison for at least another day.
Judge A. Kirke Bartley denied Marshall’s motion for a new trial and ordered that the 89-year-old appear before him on Friday afternoon to surrender and begin serving his time.
Marshall was convicted in 2009 of looting money from his mother as her mind failed, but maintains his innocence. He’s been sentenced to one to three years in prison.
He had been due to surrender earlier in the week, but bought some more time on the outside with the motion for a new trial.
The motion was based on a claim by a juror who said she was threatened with assault and coerced into finding Marshall guilty on appeal.
Judge Bartley, who heard a similar claim in the case three years ago, said the fact that it resurfaced is a curious footnote in the long-running case.
He did order attorney Francis Morrissey, Marshall’s co-defendant, to begin serving his time.
Brooke Astor died in 2007 at the age of 105. Astor was the grand dame of the city’s social elite. She gave away huge amounts of money she inherited from her third husband, Vincent Astor.
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