A federal judge on Monday dismissed bribery and fraud charges against former New York Lt. Gov. Brian Benjamin, but kept ones that he falsified business records in place, Spectrum News reported.
Benjamin, a Democrat, was appointed lieutenant governor by New York Gov. Kathy Hochul last year, but resigned in April after he was charged with felony corruption by federal prosecutors.
Benjamin, a former state senator, was accused by federal prosecutors of sending a $50,000 state grant to Harlem-based real estate developer Jerry Migdol in exchange for campaign contributions to an unsuccessful bid to become New York City comptroller.
Benjamin has denied the allegations and had requested that the court dismiss the charges, Spectrum News reported.
Judge Paul Oetken determined "that the indictment fails to allege an explicit quid pro quo, which is an essential element of the bribery and honest services wire fraud charges brought against Benjamin."
However, Oetken decided that two counts related to making false entries in a record to impede an investigation will remain, Patch reported.
A spokesperson for the U.S. Attorney's Office for the Southern District of New York declined to comment on whether or not they will appeal Oetken's decision, the New York Post reported.
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