U.S. District Judge J. Paul Oetken of the Southern District of New York on Monday partially granted former New York Lt. Gov. Brian Benjamin’s motion to dismiss a bribery and fraud indictment, ruling that Manhattan federal prosecutors failed to allege an explicit quid pro quo.

Benjamin resigned as lieutenant governor in April after he was indicted for bribery, honest services wire fraud, conspiracy to commit those two offenses, and two counts of falsification of records. Oetken granted Benjamin’s motion to dismiss the first three counts, allowing prosecutors to move ahead with the falsification of records charges.