A lawyer for former New York Assembly Speaker Sheldon Silver says the U.S. Supreme Court should look at his case after a federal appeals court tossed out his conviction and ordered a retrial.

Attorney Steven Molo has notified the 2nd U.S. Circuit Court of Appeals in Manhattan that he plans to ask the high court to review last week’s ruling.

Meanwhile, the government says it is prepared to proceed with the retrial.

The court that tossed out the conviction said there was sufficient evidence for a jury to convict Silver. But, it also found that the jury had been improperly instructed on the law.

Its legal rationale was based on a recent Supreme Court decision that reversed the public corruption conviction of Virginia Republican ex-Gov. Bob McDonnell.

(AP)