NY judge says Brooke Astor’s son can stay out of prison while he appeals his conviction

NY judge: Astor’s son can stay free on appeal

NEW YORK — Philanthropist Brooke Astor’s 85-year-old son can stay out of prison while he appeals his conviction for looting his mother’s fortune.

An appeals judge Monday approved Anthony Marshall’s request to stay free on bail during an appeal that could take years.

The ailing Marshall was sentenced last month to one to three years in prison — the minimum term his conviction required. At the time, a judge gave him until Jan. 19 to report to prison.

He was convicted of taking advantage of Astor’s failing mind to steal millions from her nearly $200 million fortune. She died at 105 in 2007.