malcolm smith queens new york city mistrial dan halloran A prosecutorial misstep led to a federal judge declaring a mistrial on Monday in the case against state Sen. Malcolm Smith of Queens.


The federal corruption case against Queens state Sen. Malcolm Smith suffered a setback on Monday when a judge declared a mistrial after a prosecutorial misstep.



Westchester Judge Kenneth Karas pushed back a new trial against Smith and former Queens Republican party boss Vincent Tabone when some jurors said they could not stay on the trial until July 18.


The trial was originally scheduled to end June 25.


Its delay was set on after prosecutors were late in releasing more than 70 hours of recordings taken by the government informant who already pleaded guilty in April.

The tapes have 28 hours of wiretapped Yiddish, which hadn't been completely processed by more than 20 hired translators. Defense attorneys for Smith and Tabone argued the tapes' content might exonerate their clients.

Smith's attorney was unavailable for comment at the time of publication.

Both Smith and Tabone are scheduled to reappear in court in January, giving Smith time to focus on what many observers expect to be his campaign for reelection in the fall.

Smith was arrested last spring after federal investigators said he, Tabone and former Republican City Councilman Dan Halloran conspired to bribe GOP leaders to support Democrat Smith for a mayoral bid on the Republican ballot line.

Halloran remains on trial. If convicted, he and Smith face up to 45 years in prison while Tabone faces 25 years.

Follow Chester Jesus Soria on Twitter@chestersoria