Citing "two sources close to the case," the New York Post reported Monday Anthony Marshall is preparing to file a motion asking Manhattan Supreme Court Judge Kirke Bartley to dismiss the charge in a bid to avoid serving prison time.
Marshall, 85, was convicted in October on a felony larceny charge for mishandling his ailing mother's personal checking accounts. The count was the only offense that could draw prison time among a raft of other counts against Marshall, who was convicted of swindling more than $60 million from Astor's fortune earmarked for New York charities, the newspaper said.
Astor died in 2007 at age 105.
The Post said Marshall will ask Bartley to consider, among other things, his good deeds in "managing" his mother's finances.
Marshall's sentencing is set for Dec. 21.