Despite already being sentenced to one-to-three years in prison in December, Brooke Astor's son, Anthony Marshall, won't have to hit the clink just yet. A Manhattan Appellate Division judge ruled yesterday that Marshall and his co-defendant estates lawyer may stay out of prison during their appeals—which could take years. Marshall was due to start jail time starting next Tuesday.

Marshall argued in court papers that due to his advanced age, 85, and frail health, any jail time could mean death. Maybe he should have thought of that before committing first-degree grand larceny by swindling millions from his own mother? According to the Daily News, Judge Helen Freedman ruled he could stay out of prison pending his appeal if Marshall posted a $500,000 personal recognizance bond, with $5,000 bail up front. Marshall's team now has 120 days to file his appeal.