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Embattled N.Y. state legislator to resign from leadership position

ALBANY, N.Y. - Sheldon Silver, the longtime leader of the New York state Assembly, agreed to give up the position he has held for 21 years in the wake of federal corruption charges, a top lawmaker announced Tuesday.

The decision announced by Majority Leader Joseph Morelle came after Democratic lawmakers met behind closed doors for two days to discuss their response to the turmoil that appears likely to end one of the longest active tenures in American state politics.

"He said to me he will not impede the transition," said Morelle, surrounded by most of the 105 Assembly Democrats. "We'll have a vacancy on Monday."

As majority leader, the No. 2 post in the chamber, Morelle will be the interim speaker from the moment Silver resigns until the lawmakers formally convene again Monday. At that point, they plan to amend their rules to keep him as interim speaker until Feb. 10. That's intended to give any other member a chance to express interest and explain how he or she would lead, said Assemblyman Thomas Abinanti.

Silver did not address his colleagues or reporters on Tuesday but late Monday night said he expected to be exonerated. It is unclear whether Silver plans to resign or whether his tenure will be formally ended Monday by legislative action. Messages left with Silver's office were not returned.

The 70-year-old Manhattan Democrat was taken into custody last Thursday on federal charges he took nearly $4 million in payoffs and kickbacks, but he insists he is innocent. He has led the Assembly for 21 years - the second-longest tenure of any sitting speaker in the nation.

Members of the Assembly said Silver's criminal charges had become a distraction and a problem for entire chamber.

"There is a strong sense among members it would be best for the speaker to step down and for this body to elect a new speaker," Assembly member Patricia Fahy, D-Albany, said Tuesday. "There is a lot of hard work ahead to move ahead and unite the body behind a new speaker who can best represent the entire state, champion reforms and restore confidence in the Assembly."

She noted, though, that the chamber and Silver have been instrumental in raising New York's minimum wage, legalizing same-sex marriage, funding prekindergarten and other progressive measures.

Silver had one vocal ally remaining. New York City Mayor Bill de Blasio, a fellow Democrat, has called Silver "a man of integrity" and said Tuesday that he shouldn't resign. He added that people have to respect the Assembly's decision, but "it's crucially important" that there is leadership that's fair to the city, which often doesn't get its fair share from the state government.

Some legislators also want rules changed to lessen the central power of the speaker's office and seniority system, establish more transparency in how the chamber operates and make decisions and give the chairmen of Assembly committees more authority.

Silver faces five counts, including conspiracy and bribery, and is accused of using his position to obtain millions of dollars in kickbacks masked as legitimate income from two law firms.

If convicted, he could face a sentence of up to 100 years in prison.

The criminal complaint says there is probable cause to believe that Silver obtained about $4 million in payments characterized as attorney referral fees through the corrupt use of his official position.

"As alleged, Silver corruptly used his law license and took advantage of lax outside income rules as a cover to secretly pocket millions of dollars through his official position," U.S. Attorney Preet Bharara said.

Silver's attorney, Joel Cohen, calls the charges "meritless." spokesman Michael Whyland said Silver is "confident that he will be found innocent."

Silver is currently the nation's second longest-serving speaker and considered one of the most powerful men in New York state.

On Sunday, Silver proposed letting five senior legislators temporarily take over the speaker's duties while he kept the post and fought the federal charges. Lawmakers rejected the idea as unworkable.

There was no clear immediate consensus on Silver's permanent replacement. Morelle, Assemblyman Keith Wright of Harlem and Assemblyman Carl Heastie of the Bronx have all been mentioned as likely candidates.

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