State Senator Malcolm Smith wants his federal corruption trial delayed, as he runs for re-election and awaits a judge’s decision to dismiss some charges, his lawyer said.
He and former Councilmember Dan Halloran will return to court Feb. 28.
The pair and four others were accused last April of conspiring with the city’s Republican Party leaders to allow Smith, a Democrat, to run for mayor as a Republican.
Federal prosecutors said Halloran negotiated payoffs and set up meetings between Smith and the county bosses, allegedly pocketing thousands in the process.
Lawyers for the two say the act is not considered bribery under New York state law.
A judge will soon decide on motions to throw out some of the charges, said Smith’s attorney, Gerald Shargel.
“It’s progressing in the normal course,” Shargel said.
Smith’s lawyer also wants the trial delayed until after this year’s Democratic primary to give the southeast Queens politician a fighting chance at re-election.
The primary is expected to take place in September, while the trial is scheduled to begin in June.
Two challengers, attorneys Clyde Vanel and Munir Avery, have already surfaced to unseat Smith.
“I don’t think that he would otherwise have a fair opportunity to present his position to his constituents,” Shargel said.
The lawyer plans to submit a written request to the court Feb. 7, he said.
Meanwhile, another co-defendant in the massive bribery scandal has pleaded guilty.
Joseph Desmaret, the former Spring Valley deputy mayor, confessed to accepting about $10,500 in cash bribes from an undercover FBI agent, according to Manhattan U.S. Attorney Preet Bharara.
The 56-year-old pleaded guilty Jan. 29 in White Plains federal court and faces up to 40 years in prison. He is slated for sentencing May 22.
Former Bronx Republican chair Joseph “Jay” Savino pleaded guilty in connection to the case last November.
Other co-defendants, former Queens GOP vice chair Vincent Tabone and Spring Valley Mayor Noramie Jasmin, say they are innocent.
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