Judge J. Paul Oetken in a written opinion said prosecutors failed to allege an explicit example in which Benjamin provided a favor for a bribe, an essential element of bribery and honest services fraud charges.
Benjamin, a Democrat, resigned after his arrest last April. He pleaded not guilty to charges that he obtained campaign contributions from a real estate developer in exchange for his influence to get a $50,000 grant of state funds for a nonprofit organization the developer controlled. Benjamin's arrest had created a political crisis for Gov. Kathy Hochul, a fellow Democrat who chose him to serve as second-in-command when she became governor following a sexual harassment scandal that drove from office her predecessor, Democrat Andrew Cuomo.At the time of his arrest, Benjamin's lawyers had issued a statement saying they planned to show the courts that their client's actions were laudable rather than a crime.
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