Silver had been sentenced to 12 years in prison in May 2016 partly for receiving $3.7 million in law firm referral fees for exerting his influence as a top Democratic lawmaker.
Silver's trial happened before the Supreme Court decided the McDonnell case, and jurors were given a broad definition of what "official act" he would have to perform to be guilty of corruption.
Judge Jose Cabranes, writing for the three-judge panel, said the instructions to the jury that convicted Silver were erroneous under the narrower definition of "official action" established in the McDonnell case.
Prosecutors said they will retry the 73-year-old Silver.
Evidence presented at his first trial showed that he received almost $4 million in illicit payments in return for taking official actions that benefited others.
"Although this decision puts on hold the justice that New Yorkers got upon Silver's conviction, we look forward to presenting to another jury the evidence of decades-long corruption by one of the most powerful politicians in New York State history", he said.
The Silver decision "should fuel an anger that is existing already" in the public, he said.
A jury found that Silver took about $4 million in kickbacks from schemes involving a real estate firm and an oncologist. Bob McDonnell, whose corruption conviction was reversed when the high court narrowed the definition of the type of official misconduct on which such prosecution can be based.
Bharara shared his opinion about the Silver case on Twitter after the 2nd U.S. Circuit Court of Appeals tossed out the conviction Thursday.
Silver also appealed the "sufficiency" of the evidence in his conviction.
Since just about every conviction Silver was nailed for depended on whether he took an "official act", the Second Circuit suggested prosecutors needed to start over. The question presented to us, however, is not how a jury would likely view the evidence presented by the Government.
But the Manhattan U.S. Attorney's Office has vowed to retry Silver, and several experts interviewed by the Daily News said he could still wind up behind bars. The Supreme Court changed the law. Dean Skelos (who is making an appeal similar to Silver's) and a bid-rigging scandal touching on Cuomo's formerly closest aide. "Although it will be delayed, we do not expect justice to be denied".
Taub sued Columbia to get his $300,000-a-year job back but was sacked again in April after an appeals court sided with the university.
"Right now, if I drop a bag cash at your door but we never talk about it, there may be no felony committed", said Sen.