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Joseph Percoco scored a minor victory Monday ahead of closing arguments at his corruption trial, when the judge tossed one of the seven felony counts against the former aide to Gov. Cuomo.
Manhattan federal Judge Valerie Caproni dismissed a charge of “extortion under color of official right” based on allegations that the former Cuomo confidante used his government post to shake down $35,000 in bribes from two execs at the Syracuse-based development company.
The feds allege that scheme took place between 2014 and 2015, during which time Percoco spent several months off the state payroll managing Cuomo’s first re-election campaign, and Caproni last week suggested that raised the question of “whether there’s a legal basis to convict.”
But her ruling left intact six other charges related to the alleged payoffs from COR Development Co. and about $280,000 in bribes Percoco allegedly accepted from an exec with Competitive Power Ventures.
Percoco and his three co-defendants all declined to take the witness stand before the defense rested its case Monday.
That move set the stage for closing arguments on Tuesday and Wednesay, with deliberations to follow.
Earlier in the day, the jury lost one member — Juror No. 9 — who said her grandmother died and she needed to go to Boston for the funeral on Thursday.
The woman, who declined to comment after she was dismissed, was replaced by an alternate juror.



