A federal appeals court has tossed out the conviction of a former Republican leader of the New York Senate.

The 2nd U.S. Circuit Court of Appeals rejected the conviction of Joseph Bruno.

He was convicted in 2009 of denying taxpayers honest services by concealing a deal with a business associate who paid him as a consultant.

It was expected that the 2nd Circuit would reverse the conviction after the U.S. Supreme Court last year ruled in the case of former Enron CEO Jeffrey Skilling. The Supreme Court found that federal statutes used to fight white-collar and public official fraud only criminalize schemes with proof of bribes or kickbacks.

The 2nd Circuit agreed to return the case to the lower court in Albany, where prosecutors can seek a superseding indictment.