By Sadef Ali Kully
Former City Councilman Daniel Halloran, convicted of bribery and fraud earlier this year, filed Friday for an extension on his surrender date after his bail pending appeal May 27 was denied in Federal Court in White Plains.
Halloran, who represented northeast Queens, was sentenced to 10 years in prison in March for his role in a bribery and fraud scheme to have former state Sen. Malcolm Smith, a southeast Queens Democrat, run as a Republican candidate in the 2013 mayoral election. Halloran had accepted $15,000 in cash bribes and embezzled $80,000 in public funds to a non-profit to help Smith get Republican votes for his mayoral ticket.
Halloran’s attorney, Jonathan Edelstein, had filed for a bail-pending appeal so that Halloran could stay out of prison while pursuing an appeal on his federal conviction.
He was scheduled to begin his prison sentence Monday.
Edelstein would have had to show clear and convincing evidence that he would not flee, that the appeal would raise questions and likely result in a reversal, a new trial or a new sentence.
The U.S. Court of Appeals denied the request for a bail pending appeal based on the arguments Edelstein presented, according to court records showed the court decision.
“On review of the record and the arguments presented, we conclude that appellant has not satisfied his burden of persuasion to show that any substantial question of law or fact raised upon appeal is likely to result in a reversal,” the court said.
The U.S. Court of Appeals ordered Halloran to surrender on the original June 1 date.
After the denial, federal court records Friday showed that Edelstein had asked for an extension on his surrender date by one week to June 8 because “he now needs a short time to put his affairs in order.”
As of Friday afternoon, there had been no official response to the request for the extension.
Reach Reporter Sadef Ali Kully by e-mail at skull
