By Shayna Jacobs
DNAinfo Reporter/Producer
MUNICIPAL DISTRICT — An appeals court judge has ruled that 85-year-old Anthony Marshall can remain free on bail pending his appeal, according to reports.
Marshall was convicted of grand larceny and other charges and was sentenced in December to a prison term of one to three years for defrauding his mother Brooke Astor's estate as she suffered from Alzheimer's.
His lawyers argued that incarceration for that length of time would have amounted to a death sentence for the elderly World War II veteran, who frequently loses his balance and falls and may be suffering from Parkinson's.
"Putting this man in the harsh confines of a state prison I fear will be lethal," Marshall's attorney John Cuti argued at his sentencing on Dec. 21. "The city and state departments of corrections simply aren't equipped to provide the proper kind of medical care that a man in Mr. Marshall's condition needs."
Marshall and his co-defendant, Francis Morrissey, were scheduled to turn themselves in on Jan. 19. Now, both of them can stay out of jail during the appeals process.
