Percoco must go to jail in week

Joseph Percoco, former top aide to Gov. Cuomo, was denied bail Thursday and must start his six-year prison sentence for bribery as he appeals.

The one-page order by the 2nd Circuit Court of Appeals did not include an explanation.

“Mr. Percoco is ordered to surrender to begin serving his term of imprisonment no later than March 14, 2019,” a three-judge panel wrote.

During a hearing on Wednesday the judges wrestled with the legal theories underpinning Percoco’s guilty verdicts for two separate schemes worth $300,000 in bribes. The illegal payouts came from a Hudson Valley energy firm, Competitive Power Ventures, and a Syracuse real estate developer, COR Development.

Percoco’s attorney Walter Loughlin argued that the law did not allow him to be convicted on the theory that Percoco accepted bribes and then took official action favorable to the bribers “as opportunities arose.”

“The jury was instructed it could convict on nonspecific future conduct,” Loughlin said.

The court also wrestled with Percoco’s status as a public official during the period when he ran Cuomo’s 2014 campaign. The trial showed that Percoco maintained a regular presence in the executive chamber even when he was off of the public payroll.

The denial of bail — which does not represent a finding on the merits of Percoco’s appeal — is a sign the judges did not find his legal arguments a close call.

In a separate order, the court did allow Steve Aiello, the Cor executive who paid Percoco $35,000 in bribes, to remain out on bail while he challenges his three-year sentence.

Loughlin said in an email he was disappointed with the decision but confident in Percoco’s appeal.