The state Court of Appeals declined Monday to hear an appeal of the convictions of Brooke Astor’s son and his attorney for their roles in looting millions from the estate of the socialite and philanthropist. Without comment, Judge Robert Smith (See Profile) denied a motion in People v. Marshall and People v. Morrissey to reconsider the convictions of Anthony Marshall, Astor’s son, and attorney Francis Morrissey. An Appellate Division, First Department, panel had affirmed the convictions in March (NYLJ, March 27).
Marshall, 88, was convicted by a jury in December 2009 of executing a series of codicils to Astor’s will from 2000 to 2007 through which he gained access to millions of dollars of her assets. Prosecutors said Marshall used the money to buy a yacht and other luxuries. Authorities said Marshall, who had power of attorney over the assets, took advantage of Astor’s growing dementia. She died in 2007 at 105. Morrissey, 70, was convicted of forging Astor’s name on one of the codicils prepared by Marshall. Both men were sentenced to one to three years in prison by Manhattan Supreme Court Justice A. Kirke Bartley Jr. (See Profile) .
