Seth Fishman, facing up to 20 years imprisonment after being convicted on Feb. 2 in federal court of two counts of conspiring to violate drug adulteration and misbranding laws, sought and received a second delay of his sentencing on Tuesday.
Fishman's sentencing was set for hearing on May 5 before it was moved three weeks back on the docket of the U. S. District Court for the Southern District of New York. He is now set to learn his fate from Judge Mary Kay Vyskocil June 30.
Fishman was free on bond before going to trial when he did not call a witness or testify on his own behalf. After Fishman was convicted, his bond was revoked and he was remanded to custody. In a letter to Vyskocil, attorney Maurice H. Sercarz told the court Fishman's jail "tier is in 'lockdown' status and, apparently, will remain in that position for the foreseeable future."
There was no objection to the delay by the prosecution, and Vyskocil granted the request without a hearing. The postponement is not expected to prejudice either the government or Fishman. He is not a flight risk, the delay is not expected to affect companion cases pending in Vyskocil's court, and Fishman will receive credit for time served prior to sentencing.
Vyskocil runs a straightforward court and is charged to bring cases to a conclusion. Any further request for delay will require a showing of good cause.
