No prison for ex-Senate leader Bruno during appeal

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Former New York Senate Majority Leader Joseph Bruno speaks with reporters after his sentencing in federal court in Albany, N.Y., on Thursday, May 6, 2010. Bruno was sentenced to two years in prison. Tim Roske/AP

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July 27, 2010

Anonymous The Press Republican Tue Jul 27, 2010, 06:46 AM EDT

ALBANY — A federal judge says former New York Senate leader Joseph Bruno will remain free during his appeal in a corruption case after the U.S. Supreme Court rejected other convictions for "honest services" fraud.

U.S. District Judge Gary Sharpe, who sentenced Bruno to two years in prison, noted the retired lawmaker's appeal raises "a substantial question of law."

The Supreme Court ruled in June that the statute criminalizes only schemes involving bribes or kickbacks.

Bruno's lawyers argued that neither was alleged by prosecutors, who claimed taxpayers were denied Bruno's honest services because he concealed outside business interests that benefited from his public post.

Prosecutors didn't oppose letting Bruno remain free on his own recognizance. Sharpe ruled last week.