NEW YORK -- Attorneys for former State Senate Majority Leader Joe Bruno have filed a motion in U.S. District Court to dismiss the charges against him. The motion was filed on Thursday. It claims Federal prosecutors missed the deadline for filing a new indictment.
Bruno's attorneys also challenge what they say is an effort to broaden the charges from the initial indictment with bribery and kickback allegations.
Bruno pleaded not guilty to two charges of honest services fraud in May. His 2009 conviction was tossed out on appeal, after the U.S. Supreme Court ruled the section of statute dealing with disclosure was unconstitutional.
The prosecution has a month to respond to the motion. Bruno's retrial is expected to begin this coming February.