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U.S. District Judge Paul Oetken in Manhattan said the Department of Justice failed to allege an explicit "quid pro quo" between Benjamin and Gerald Migdol, a real estate developer in Manhattan's Harlem neighborhood, to support bribery, honest services wire fraud and conspiracy charges in the indictment.
Oetken said prosecutors can pursue two falsification of records charges against Benjamin, concerning the identities of campaign contributors and a background check to become lieutenant governor.
Benjamin, selected by Governor Kathy Hochul in August 2021 for the state's No. 2 job, resigned as lieutenant governor on April 12 when the charges were announced. He pleaded not guilty.