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NY philanthropist Brooke Astor's son, 88, could face prison after losing appeal in theft case

New York philanthropist Brooke Astor's 88-year-old son has lost an appeal that kept him out of prison after he was convicted of plundering her fortune.

The state Supreme Court's Appellate Division ruled Tuesday that Anthony Marshall's 2009 conviction was based on legally sufficient evidence. Appeals judges also rejected Marshall's argument that his age and illness warranted sparing him prison.

Marshall was sentenced to at least a year in prison, but he was allowed to stay free on bail during the appeal. It's not clear whether Marshall will now have to report to prison or may appeal further and remain free on bail.

Lawyer John Cuti says Marshall is exploring his legal options.

The Manhattan district attorney's office says the case shows the importance of prosecuting financial crimes against the elderly.