A Manhattan judge will decide on Thursday whether to grant Anthony Marshall, son of socialite and philanthropist Brooke Astor, a retrial and vacate his one- to three-year prison sentence for stealing millions of dollars from his aging mother as her mental condition deteriorated.

Attorneys for Marshall and for one-time Astor estate attorney Francis Morrissey, who also faces prison appeared on Monday before Acting Supreme Court Justice A. Kirke Bartley (See Profile). The pair were supposed to begin serving their sentences on Monday, but that has been postponed until at least Thursday while the judge decides whether to grant a new trial.