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A federal judge has granted a motion to postpone the corruption trial of former state senator Raphael Musto until an appellate court rules on appeal Musto’s attorneys filed.

U.S. District judge A. Richard Caputo agreed to issue a stay, noting Musto’s appeal raises constitutional issues, and that the U.S. Attorney’s office concurred with the defense’s motion seeking the stay.

Musto, 83, was scheduled to go to trial Nov. 26 on charges he abused his position as a senator by accepting $35,000 and other gifts from a developer, identified by Musto’s attorneys as Robert Mericle, and another $2,000 from a municipal official.

His attorneys, John Riley and William Murray, filed a motion seeking to postpone the trial, arguing Musto, who suffers from cirrhosis of the liver and other medical conditions, was too ill to assist in his defense. They also sought to dismiss additional charges filed on Oct. 18 relating to the $2,000 allegedly paid by the municipal official.

Caputo denied both motions on Oct. 24, prompting the attorneys to file an appeal with the Third Circuit Court of Appeals.