Gov. Andrew Cuomo’s convicted former right-hand man wants to ring in the New Year at home — instead of in a jail cell.
A lawyer for Joseph Percoco has asked a Manhattan federal judge to postpone his Dec. 28 surrender date, when he’s set to begin serving a six-year sentence on corruption charges.
In a letter filed Tuesday, attorney Walter Loughlin explained that he learned that Percoco’s appeal of his March conviction has been consolidated with his co-defendant, Steven Aiello, who was also convicted at a separate trial.
The two men have both asked to remain free pending their appeals — and Loughlin wants Judge Valerie Caproni to wait until she decides Aiello’s bail motion before ruling on Percoco’s to “avoid the risk and burden of possibly duplicative rulings by the court.”
“My request is that Mr. Percoco’s surrender date be adjourned until a date 20 days after the court rules on Mr. Aiello’s motion for bail pending appeal,” Loughlin wrote.
Percoco first asked to remain free as his appeals case plays out in October, with his lawyer saying he’s complied with all of his bail conditions.
A jury convicted Percoco, a former top aide to Cuomo, of accepting over $300,000 in bribes from two energy companies doing business with the state. He was acquitted of extortion charges related to the two pay-to-play schemes.
Aiello, a Syracuse real estate executive, was found guilty of bid-rigging and funneling $35,000 to Percoco from his company, Cor Development. Three others were also convicted. Aiello was sentenced to three years.
A spokesman for the US Attorney’s Office in Manhattan declined to comment.