The court also wrestled with Percoco’s status as a “public official” during the period when he ran Cuomo’s 2014 campaign. The trial showed that Percoco maintained a regular presence in the executive chamber even when he was off of the public payroll.</s>A federal appeals court has ordered Joseph Percoco, the former top aide to Gov. Andrew Cuomo, to report to prison by next Thursday.

The 2nd US Circuit Court of Appeals in Manhattan on Thursday denied bail to Percoco pending the appeal of his March 2016 corruption conviction.

Percoco, who was so close to Cuomo that he was likened to a brother, was sentenced to six years after his conviction on charges he accepted over $300,000 in bribes from two energy companies seeking to influence Cuomo’s administration.

He was acquitted on extortion charges and of soliciting bribes from Syracuse-based COR Development Co.

Manhattan federal Judge Valerie Caproni — who oversaw Percoco’s trial and handed down his sentence — first denied Percoco’s application for bail.

An appeals court judge last week temporarily stayed Caproni’s order until a three-judge panel could hear the oral arguments that were held Wednesday.

Percoco’s lawyer, Walter Loughlin, said, “I am disappointed that Joe Percoco was denied bail pending appeal. He has been at liberty on bail since September 2016; that same bail has been in place for the year since the trial and for nearly six months since Mr. Percoco’s sentencing.”

But Loughlin said he is “confident in the merits” of Percoco’s appeal.

Meanwhile, the panel approved the request by Percoco’s co-defendant, Steven Aiello, to remain free while he fights his case.

Aiello, the president of COR, was convicted of conspiracy to commit honest-services fraud while acquitted on charges of paying bribes and lying to the feds.

In a second trial, Aiello was convicted on a bid-rigging scheme. He was sentenced to three years in prison for both cases.

Aiello’s lawyer, Alexandra Shapiro, said, “We are pleased with the ruling and look forward to the opportunity to present our appellate arguments to the merits panel.”</s>Earlier this week, 15 of the country’s most progressive prosecutors co-signed a letter urging New York Governor Andrew Cuomo to overhaul the state’s current detention policy by abolishing pretrial cash bail.



The letter, sent to Albany on March 6, was signed by some of the country’s most prominent reform-minded prosecutors, including St. Louis County’s Wesley Bell, Philadelphia’s Larry Krasner, Chicago’s Kim Foxx and Portsmouth, Va.’s Stephanie Morales. In it, attorneys urged Cuomo and leaders in New York’s state legislature to end money bail, and instead, operate on “a presumption that people should be released pretrial for all but the most serious offenses.”

“We support ending money bail because safety, not wealth, should be the defining feature of the pretrial justice system,” the letter read.

Cash bail is the money defendants have to pay in order to be released from jail. Often, the money is repaid once they make their first court appearance—but this could take months. The practice has come under increased scrutiny and criticism in recent years, and several states have moved away from it (Washington D.C. was a trailblazer, doing away with pretrial cash bail in 1992).

The letter laid out the arguments frequently made for abolishing extended pretrial incarceration, which some studies show actually increase the likelihood of recidivism. In reforming cash bail, lawmakers could make New York a safer state, the prosecutors argued.

“Jails across New York frequently are over-capacity, and they are filled with people who do not need to be there. This is not simply an injustice to the person needlessly detained, but a threat to public safety,” the letter stated.

“Research shows that people who spend even a short period in jail, as opposed to being released pretrial, are more likely to commit a future crime. This makes sense. Jail is traumatizing. Jobs are lost. Families can’t pay rent. For reasons big and small, people who are away from their family, their job, and their community become more vulnerable and less stable. That makes all of us less safe.”



Speaking to The Root via phone, Stephanie Morales said it was important to show support for systemic change, even if it didn’t affect her constituents.

“Prosecutors and everybody involved in the criminal justice system who want reform should not be looking to be on an island and just taking unilateral action to work through this problem,” Morales said. “I think we should all be seeking systemic change however we can.”

St. Louis County Prosecutor Wesley Bell pointed to Missouri’s own fight to reform the criminal justice system, citing a recent state supreme court ruling which favored “non-monetary conditions of relief” for pretrial defendants.

“Modern day debtor’s prisons exist across America and the cash bail system continues to be one of the drivers in this unjust system,” Bell told The Root in an e-mailed statement. “I hope the state of New York acts in the best interest of its citizens and passes legislation to end the injustices of cash bail.”

The New York State legislature is currently debating a comprehensive criminal justice reform package, of which bail reform remains a sticking point.

Notably, only three New York prosecutors signed the letter—Eric Gonzalez of Brooklyn, Manhattan District Attorney Cyrus Vance, and Eric Soraes of Albany County.

Correction: Friday, March 8, 2019, 3:15 p.m. ET: An earlier version of this story said Manhattan District Attorney Cyrus Vance had not signed the letter. Vance added his signature Wednesday night after the first iteration of the letter was released. The article has been updated to reflect Vance’s co-sign.</s>ALBANY - Joseph Percoco, a former top aide to Gov. Andrew Cuomo, is headed to federal prison next week.

Percoco had been out on appeal after he was convicted a year ago on charges that he took bribes from upstate developers with business before the state.

Percoco, 48, of South Salem, Westchester County, sought to stay out of jail pending appeal. But the 2nd U.S. Circuit Court of Appeals in Manhattan denied Percoco bail pending appeal.

He will have to report to prison on March 14.

Percoco had been the Democratic governor's closest aide and friend for decades and ran Cuomo's re-election campaign in 2014.

But Percoco was sentenced to six years in prison last year after a jury found him guilty of accepting more than $300,000 from companies with dealings before the state.

The appeals court heard Percoco's case to stay out of jail on Wednesday and ruled Thursday.

Prosecutors in the U.S. Attorney's Office had argued against Percoco remaining free, saying he hadn't raised legitimate questions about his conviction that would lead for the case to be overturned on appeal.

But Percoco's attorney have sought to toss the conviction based on a 2016 case involving former Virginia Gov. Bob McDonnell. That case found it is not enough to solely convict a government official if they only set up a meeting or an event for a contributor.

More: Joseph Percoco, Andrew Cuomo's former right-hand man, to remain free for now

More: New York deals setback to $900M power plant in Joe Percoco corruption case</s>A federal appeals court on Thursday refused to grant former Albany powerbroker Joseph Percoco bail pending appeal of his corruption conviction, ordering the one-time top lieutenant to Gov. Andrew Cuomo to report to prison by March 14.

Percoco, 61, of South Salem, was convicted last year of taking bribes from an energy company and a Syracuse developer to use his influence in the executive chamber on their behalf. He was sentenced to six years in prison.

He was originally ordered to report to prison on March 1, but a judge of the 2d U.S. Circuit Court of Appeals delayed that date to give him a hearing on a request for bail while he appeals his conviction. The hearing occurred on Wednesday.

Percoco is challenging legal rulings at his trial that allowed the government to present evidence of his behavior while he was a private citizen running Cuomo’s campaign to prove that he engaged in public corruption.

At Wednesday’s hearing, he also told Judges Susan Carney, Robert Sack and Alison Nathan that at his trial, the judge did not require prosecutors to prove that he was bribed in return for a specific official act, and instead permitted a so-called “stream of benefits” theory that he agreed to do favors as needed.

The judges did grant bail pending appeal to Percoco co-defendant Steven Aiello, one of the Syracuse developers accused of paying him money for favors.</s>A Northern Westchester man and former top aide to New York Gov. Andrew Cuomo has been ordered to report to prison after being convicted on corruption charges and having his appeal denied.

Joseph Percoco, a South Salem resident, was convicted of accepting $300,000 in bribes from an energy company last year and was sentenced to six years in prison.

Percoco was originally scheduled to report to prison on March 1, but a court ruled that he can stay a free man as he appeals his conviction. On Thursday, March 7, the 2nd Circuit Court of Appeals in Manhattan denied Percoco’s bail and he was ordered to report to prison next week.

Late last month, Percoco’s lawyer petitioned for the delay until after the court rules on a motion for bail filed by Steve Aiello, who was convicted of funneling money to the former aide. The lawyer noted that both men were convicted of the same crime, so their fates are intertwined, pending the decision on bail motions. On Thursday, a three-judge panel denied the request after hearing oral arguments on Wednesday.

In a prepared statement following Percoco's initial conviction, Manhattan US Attorney Geoffrey Berman said, “Joseph Percoco was found guilty of taking over $300,000 in cash bribes by selling something priceless that was not his to sell – the sacred obligation to honestly and faithfully serve the citizens of New York. As every schoolchild knows, but he corruptly chose to disregard, government officials who sell their influence to select insiders violate the basic tenets of a democracy."

In a statement following Percoco's sentencing, Cuomo said it should “serve as a warning” to public servants who “fail to uphold” their oath as a public servant.

“I was an Assistant District Attorney and Attorney General, and the rule of the law is paramount,” he said. “Joe Percoco is paying the price for violating the public trust.

"And it should serve as a warning to anyone who fails to uphold his or her oath as a public servant. On a personal level, the human tragedy for Joe’s young children and family is a very sad consequence.”

The jury nearly forced a mistrial last year after reaching a breaking point following nearly two weeks of deliberations. Several asked out and reported they were deadlocked as recently as two days before the conviction, but they ultimately reached a consensus regarding Percoco.

Letters of support for Percoco flooded Manhattan federal court from several former members of the Cuomo administration on behalf of Percoco as his sentencing approached, though the governor himself did not come forward in his defense.

In a letter to Judge Valerie Caproni dated Sept. 13 last year, Percoco expressed his remorse, calling his position in public service, “the privilege of (his) lifetime.” He noted that he “regrets that (he) has brought shame and embarrassment upon (his) former colleagues.”

“I lay awake at night filled not with the fear of what is to come for me, or the pain and embarrassment that I have brought upon myself, but with tremendous remorse for my actions and regret for the damage I have caused to others. I live with those feelings and that weight every minute of every day of my life,” he wrote.

“The choices that have brought me before this court were my choices and my choices alone. Integrity and careful attention to the rules were always virtues I demanded from each and every one of my colleagues. I failed to live up to my own high standards."

Click here to sign up for Daily Voice's free daily emails and news alerts.</s>NEW YORK — A federal appeals court has ordered a former top aide to New York Gov. Andrew Cuomo to report to prison next week.

The 2nd U.S. Circuit Court of Appeals in Manhattan denied Joseph Percoco bail on Thursday pending appeal.

Percoco, who ran Cuomo’s 2014 re-election campaign, was sentenced to six years after his conviction last year on charges he accepted over $300,000 from companies seeking to influence Cuomo’s administration.

Cuomo, a Democrat, wasn’t accused of wrongdoing, but the trial cast an unfavorable light on his office.

The three-judge appeals panel ordered Percoco to report to prison by next Thursday after hearing oral arguments Wednesday.

A lawyer for Percoco had argued there were serious enough legal questions about Percoco’s conviction that he should be free pending appeal. Prosecutors opposed the request.</s>NEW YORK (AP) — A federal appeals court has ordered a former top aide to New York Gov. Andrew Cuomo to report to prison next week.

The 2nd U.S. Circuit Court of Appeals in Manhattan denied Joseph Percoco bail Thursday pending his appeal.

Percoco, who ran Cuomo's 2014 re-election campaign, was sentenced to six years after his conviction last year on charges he accepted more than $300,000 from companies seeking to influence Cuomo's administration.

Percoco's conviction was an election-year embarrassment for Cuomo, a Democrat. Cuomo had once likened Percoco to a brother.

Cuomo wasn't accused of wrongdoing, but trial testimony presented an unflattering picture of the inner workings of his office.

"Frankly, it's not surprising that the people of this state have completely lost faith in government," U.S. District Judge Valerie E. Caproni said at Percoco's sentencing in September.

The trial and its aftermath occurred as Cuomo successfully ran for re-election last year, winning in a landslide.

The three-judge appeals panel ordered Percoco to report to prison by next Thursday.

A lawyer for Percoco had argued there were serious enough legal questions about Percoco’s conviction that he should be free pending appeal. Prosecutors opposed the request.
Joe Percoco, former aide to New York Governor Andrew Cuomo, is denied bail and is expected to start his six-year prison term for bribery.