Ex-Brooklyn Justice Gerald P. Garson’s appeal of his criminal conviction and three-to-10 year sentence was argued Monday in the Appellate Division, 2nd Department, just days before he is to be released on probation.

Garson’s lawyer, Jeremy Gutman, came out swinging, telling the four-judge panel that Garson had been denied his “fundamental” right to a fair trial by the prosecution’s repeated “insinuation” that Garson had taken bribes to fix cases, a charge that was not contained in the indictment.

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