Corrupt Brooklyn Politician Won't Be Freed Despite Jury Error, Court Rules

NEW YORK (AP) — A Brooklyn state senator serving 14 years in prison on public corruption charges won't be freed despite a court ruling that his jury had been improperly instructed.

William Boyland Jr., a Democrat who represented Bed-Stuy and Brownsville, was properly convicted even though the Brooklyn federal court jury that determined his fate had been improperly instructed about the meaning of an "official act" in a bribery case, the Court of Appeals in Manhattan said.

Boyland, 46, had argued for an overturn of his conviction after the high court narrowed the definition of bribery when it overturned the conviction of former Virginia Gov. Bob McDonnell. The court found no proof McDonnell did more than meet with a businessman who gave him gifts.

Boyland, sentenced in 2015 to one of the longest prison terms given to state lawmakers convicted in a string of Albany corruption cases, is not scheduled for release from prison until May 2026. He was convicted at trial after his former chief of staff pleaded guilty to bribery charges and testified against him.

Prosecutors said they built their case after learning that Boyland accepted thousands of dollars in bribes in 2010 to help a carnival promoter obtain permits.

In an opinion written by Circuit Judge Amalya L. Kearse, the three-judge appeals panel noted that even prosecutors agree that the trial judge erred in the instructions of law given to the jury that convicted Boyland of 21 counts including extortion conspiracy, extortion and honest services wire fraud.

But it said the errors did not affect the outcome of the trial because evidence made it clear that a carnival's efforts to obtain city licenses and permits and bribes paid to advance real estate schemes required formal governmental decisions and a formal exercise of governmental power.

"Boyland promised that he would ensure that all of the necessary governmental actions occurred," the 2nd Circuit noted. "In connection with each matter, Boyland agreed to ensure that favorable governmental decisions would be made, whether for licensing, work contracts, zoning, or funding."

It was unclear what effect, if any, the 2nd Circuit ruling might have on appeals challenging the legitimacy of convictions of ex-New York Assembly Speaker Sheldon Silver, a Democrat, and former New York Senate Majority Leader Dean Skelos, a Republican. Both are free while appealing their convictions on public corruption charges.

Lawyers for Silver and Skelos also have made the McDonnell ruling a key component of their appeals.
Silver was sentenced to 12 years in prison after he was convicted of collecting $4 million in kickbacks from a cancer researcher. Skelos was sentenced to five years in prison after he was convicted on charges that he used his clout to force companies to funnel over $300,000 to his son.