Judge drops corruption charges against former New York Lt. Gov. Benjamin

• Federal prosecutors later Monday appealed Oetken's decision to drop some of the charges charges against Benjamin.

Details: Oetken said the court would throw out three counts of corruption against Benjamin, a Democrat, but a motion to throw out two other counts that the former lieutenant governor allegedly falsified records was denied.

• "The Second Circuit has held — again, explicitly — that 'proof of an express promise is necessary when the payments are made in the form of campaign contributions,'" Oetken wrote.

What they're saying: "Today’s decision shows how these wrongful charges so harmed Mr. Benjamin and unfairly cost him his position as Lt. Governor," defense lawyers Barry H. Berke and Dani James said in a statement.

• "The dismissal of this now discredited bribery theory also makes clear how the indictment was a direct assault on the democratic process."
• "Mr. Benjamin is thankful for his vindication and looks forward to new opportunities to serve the people of New York and his Harlem community."

• A representative for the attorney’s office for the Southern District of New York declined to comment.

The big picture: Benjamin resigned in April after he was arrested for campaign finance-related federal bribery conspiracy charges.

• The federal indictment accused Benjamin of soliciting campaign contributions from a New York real estate developer in exchange for $50,000 in state funds for the developer's nonprofit in Harlem.
• Benjamin was appointed lieutenant governor by Gov. Kathy Hochul (D) in 2021, and before that he was a New York state senator.

Editor's note: This story has been updated with additional developments.