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A Legal Expert Comments on Libous Motion For A New Trial

A federal judge has rejected former Senator Tom Libous' appeal to have a new trial.

U.S. District Judge Vincent Briccetti ruled that the evidence presented in July was enough to prove that Libous lied to the FBI.

The former state senator was convicted for lying about a 2005 scheme to help his son land a job at a Westchester County law firm.

Fox 40 spoke with the Chair of the Broome County Criminal Justice Committee, Remy Perot. He said everyone has the right to file an appeal if they feel there was an error in the trial.

"All it means is you're asking an appellate court to review the proceedings at the trial court level and to give you a new trial or dismiss the charges outright if they feel that there was sufficient evidence that it believed could support the charges," said Perot.

Libous is scheduled to be sentenced on October 30th. There's some speculation that he will file for an appeal but an appeal cannot be filed until after the sentencing date.

"You have 30 days from the date of sentencing to file a note of appeal and then you have 60 days after that to perfect it," said Perot.

The remainder of Libous' two-year term, which runs through 2016, will be up for grabs on November 3rd when Democrat Barbara Fiala and Republican Fred Akshar will face off in a special election.