Anthony Marshall will serve between one to three years in prison for stealing from the estate of his late mother, New York philanthropist Brooke Astor, a judge ruled Monday.
Marshall, 85, was convicted in October of grand larceny for stealing from his mother's almost-$200 million estate.
He will now surrender to authorities on January 19 to begin serving his sentence, which was the minimum allowed.
“Can a person steal millions from his vulnerable 101-year-old mother who suffers from Alzheimer's and get away with it? Can you commit felonies over a six-year period, get caught, get prosecuted and convicted and not spend a day in jail?” prosecutor Joel Siedemann asked the judge.
Prosecutors were also asking for $12,325,290 in restitution, but the judge said that will have to be handled by probate court.
Marshall's lawyers are appealing the conviction, and said that Astor would have wanted to have have taken care of her only son.
"Mr. Marshall is very eager to try to resolve all of this litigation in the hope that maybe he can spend some of the rest of his life not followed by this ordeal that has frankly devastated and ruined him," said John Cuti, Marshall's son.
In making his decision, Judge A. Kirke Bartley Jr. said he considered Marshall's military service during World War II and his fragile medical condition. The judge also said it is unclear what Astor would have wanted.
"Would she blanche at this spectacle? Would she admonish you for betraying her trust? Would she ask for the mercy of her only son?" said Bartley. "We can only speculate and surmise as to what she might say if she was here before us at this point."
Avoiding reporters today, Marshall said in a statement in court, "I have nothing to add to what my attorneys have said. So I agree."
Defense attorneys also say that Marshall, who recently underwent heart surgery, is too ill to serve prison time.
Marshall's lawyer, who was convicted of forging Astor's signature, was also sentenced to one to three years.