Quid Pro..

 

A decision by the 2nd U.S. Circuit Court of Appeals in Manhattan reversed a December 2022 ruling by a lower-court judge that wiped out the bulk of the case against the Democrat, leaving only records falsification charges.

The appeals court said in its written decision that a jury could infer from the alleged facts in the case that New York Lt. Governor Brian Benjamin promised to allocate $50,000 in state funds to a non-profit organization controlled by a real estate developer in return for campaign contributions from the developer.

“We conclude that the indictment sufficiently alleged an explicit quid pro quo,” the 2nd Circuit said. “Therefore, we reverse the judgment of the district court and remand for further proceedings.”

In an opinion written by Judge Steven J. Menashi, the three-judge panel concluded that Benjamin had fair warning that his alleged agreement with the developer “was illegal and that it would not become legal if he simply avoided memorializing it expressly in words or in writing.”