Brooke Astor's 88-Year-Old Son May Be Going to Jail Anthony Marshall loses appeal in theft case By Newser Editors and Wire Services Posted Mar 26, 2013 2:20 PM CDT 12 comments Comments Anthony Marshall, center, arrives at Manhattan State Supreme Court for his sentencing with his wife Charlene, left, and his attorney Ken Warner, right, Monday, Dec. 21, 2009, in New York. (AP Photo/ Louis Lanzano) (Newser) – New York philanthropist Brooke Astor's 88-year-old son has lost an appeal that kept him out of prison after he was convicted of plundering her fortune. The state Supreme Court's Appellate Division ruled today that Anthony Marshall's 2009 conviction was based on legally sufficient evidence. Appeals judges also rejected Marshall's argument that his age and illness warranted sparing him prison. Marshall was sentenced to at least a year in prison, but he was allowed to stay free on bail during the appeal. It's not clear whether Marshall will now have to report to prison or may appeal further and remain free on bail. Lawyer John Cuti says Marshall is exploring his legal options.