Court date as Astor's son seeks to avoid NY prison

Associated Press
FILE - Anthony Marshall, Brooke Astor's 85-year-old son, center, exits Manhattan State Supreme Court with wife Charlene, right, in this Thursday, Oct. 8, 2009 file photo taken in New York. Marshall, the 89-year-old heir to the famous Astor fortune is hoping to stay out of a New York prison. He had been due to surrender Monday June 17, 2013 to serve one to three years. He was convicted of looting his mother’s money as her mind failed. (AP Photo/ Louis Lanzano)
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FILE - Anthony Marshall, Brooke Astor's 85-year-old son, center, exits Manhattan State Supreme Court with wife Charlene, right, in this Thursday, Oct. 8, 2009 file photo taken in New York. Marshall, the 89-year-old heir to the famous Astor fortune is hoping to stay out of a New York prison. He had been due to surrender Monday June 17, 2013 to serve one to three years. He was convicted of looting his mother’s money as her mind failed. (AP Photo/ Louis Lanzano)

NEW YORK (AP) — An 89-year-old heir to a famous fortune is hoping to stay out of a New York prison.

Anthony Marshall had been due to surrender Monday to serve one to three years. He was convicted of looting his mother's money as her mind failed. She was the philanthropist Brooke Astor.

His lawyers filed papers Friday seeking a new trial. They also want a judge to let him stay free on bail until the request is resolved.

There's a court date Monday. It's unclear whether Marshall must appear.

The request hinges on a sworn statement from a juror who said she was strong-armed into a guilty vote.

Her claims were part of Marshall's unsuccessful appeal, but his lawyers say the new statement merits at least a hearing.

Prosecutors had no immediate response.

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