NEW YORK (CBSNewYork) — A former Queens city councilman charged in a corruption case will not be able to use insanity as a defense, a judge has ruled.

As WCBS 880’s Irene Cornell reported, Dan Halloran, a co-defendant in the trial against state Sen. Malcolm Smith, raised the question of an insanity defense as jury selection continued Tuesday.

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The judge, however, said it was too late to bring up the fact that Halloran had brain surgery to remove a benign tumor two years ago.

Halloran ran for Congress after having that surgery and judge Karas noted the defense had presented nothing to back up the claim that the councilman is mentally disabled and doesn’t know right from wrong, Cornell reported.

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Halloran is accused of taking bribes in an effort to help Sen. Smith buy his way onto the Republican ballot in last year’s New York City mayoral race.

Halloran had said he would not seek re-election as a city councilman in last November’s election.

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