NYC heir, 89, denied new trial in mom's theft case, but no prison at least until Friday.

An 89-year-old heir has been denied a new trial on charges of looting his mother's fortune and he may have to go to a New York prison as soon as Friday.

A Manhattan judge turned down Anthony Marshall's request Thursday.

Marshall's mother, Brooke Astor, was a philanthropist and society doyenne. Marshall was convicted in 2009 of plundering her fortune by exploiting her mental decline. He still denies the allegations.

An appeals court had agreed to postpone Marshall's surrender until Friday while it considers his argument that he's too sick for prison.

Co-defendant Francis Morrissey, a former attorney, was led away Thursday to start a one- to three-year prison term. His lawyers indicate they planned to continue appealing.

Marshall was excused from court. He's due back Friday.