The late Brooke Astor’s fraudster son is headed from his Upper East Side apartment to the big house.
Anthony Marshall, 88, lost a major appeal yesterday after a judicial panel unanimously declined to toss out his minimum one- to three-years prison sentence for stealing millions from his philanthropist mother.
He was convicted of grand larceny in 2009 for swiping $5.75 million that Astor had earmarked for charities.
Marshall begged for leniency given his age, military service and previously clean criminal record.
“The record amply supports the jury’s determination that defendants” — including family lawyer Francis Morrissey — “are guilty of a scheme to defraud Mrs. Astor by fraudulently changing her will . . . at a time when they knew her physical and mental condition precluded her from having the capacity to agree to any such changes,” wrote New York Appellate Division Justice Darcel Clark.
Marshall has been free on appeal and holed up with his wife, Charlene, in their East 79th Street digs since the verdict.
Marshall will go before a Manhattan Supreme Court judge to reaffirm his sentence in a few weeks.