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Anthony Marshall, son of Brooke Astor, to report to prison Friday, new grand larceny trial denied

Anthony Marshall Spencer Platt/Getty Images via CBS New York

(CBS/AP) NEW YORK - Anthony Marshall, the 89-year-old son of New York City socialite and philanthropist Brooke Astor, will remain out of prison for at least another day after the New York appellate division granted him a last-minute stay, reported CBS New York.

The station said Marshall was convicted of grand larceny in 2009 for  stealing from the nearly $200 million fortune of his elderly mother as her mind failed, although he insists that he is innocent.

Judge A. Kirke Bartley denied Marshall's motion for a new trial and mandated that he appear before the court on Friday to begin serving his prison time, reported CBS New York.

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According to the station, Marshall has been sentenced to one to three years in prison and was supposed to start serving his time at the beginning of the week but bought more time by filing for a new trial.

The motion was prompted by a juror's claim that she was coerced into finding the convicted swindler guilty on appeal, said CBS New York.

Astor died in 2007 at the age of 105. She was a member of New York City's social elite and gave away a large amount of the money bequeathed to her by her third husband, Vincent Astor, according to the station.

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