A federal judge on Monday dismissed the bribery and fraud charges against Democratic former Lt. Gov. Brian Benjamin, but kept charges that he falsified business records in place for now.
Benjamin, who was appointed lieutenant governor by Gov. Kathy Hochul last year, resigned in April after he was charged with felony corruption by federal prosecutors.
Benjamin, a former state senator, was accused by federal prosecutors of sending state money to a Harlem-based real estate developer in exchange for campaign contributions to an unsuccessful bid for New York City comptroller.
Benjamin has denied the allegations and had moved to have the charges dismissed.
Judge Paul Oetken agreed with dismissing some of the charges, determining the indictment "fails to allege an explicit quid pro quo, which is an essential element of the bribery and honest services wire fraud charges brought against Benjamin."
But Oetken did not agree to toss two charges of falsified business records, which will remain.