NEW YORK - Former State Senator behind bars is set to plead guilty to two counts of embezzlement Friday.

Brooklyn Democrat John Sampson is already serving five years in prison after being convicted of obstruction of justice and lying to the FBI.

The judge in the case threw out the two embezzlement charges against him, but that decision was reversed by a higher court. 

Prosecutors want Sampson to be sentenced to five years on the embezzlement counts. But they recommended the new sentence run concurrently with the one he's serving now.