BUFFALO, N.Y. — Former State Supreme Court Judge John Michalek left the courtroom in handcuffs on Tuesday.
Michalek was sentenced to 16 months in prison for filing a false instrument and a bribery charge.
Michalek admitted in court back in 2016 that he solicited jobs from former Erie County Democratic Chairman and then lobbyist Steve Pigeon for two of his relatives, and that he (Michalek) appointed an attorney to a case based on Pigeon's recommendation.
Emails obtained by investigators also indicated the judge wanted Pigeon to put in a good word with Governor Andrew Cuomo about a nomination to be an Appellate Court judge.
Pigeon pleaded guilty to the charge in 2018. His state prison sentence will run concurrently with the federal sentence he received a day prior.
The 71-year-old Michalek's original sentencing was expected in late July but the proceeding was delayed as his attorney Carrie Cohen raised more issues. Today she mentioned his health problems, cooperation with federal and state prosecutors against Pigeon, and ability to serve as a tutor as reasons to consider an alternative to prison. But the state prosecutor said the law required a prison term.
Michalek also spoke directly to the judge mentioning his difficulties over the past six years since his guilty plea including the loss of his son suffering from depression and his personal despair with the feeling he was "radioactive" to friends. In fact his family, and other judges. and various attorneys and friends turned out today to show their support for Michalek.
Acting State Supreme Court Justice Donald Cerio Junior, who was brought in from Madison County, presided over the sentencing and noted that Michalek had violated the code of highest standards that judges must follow and adversely impacted the public's overall trust and respect for the judicial system.
Cohen declined to comment except to say there would be an appeal of the 16-month prison sentence.