Metro

Drunk political schemer thought Smith bribe was payment for legal consultation

A Queens Republican operative, accused of pocketing $25,000 as part of a failed scheme to help state Sen. Malcolm Smith rig last year’s mayoral race, was so boozed up when he took the cash that he thought he was being paid for legal consulting services, a lawyer claimed Thursday.

Leo Ahern, a lawyer for ex-Queens GOP Vice Chairman Vincent Tabone, accused the government of entrapment. He told a federal jury his client had one too many vodka tonics with a politically connected group at Sparks Steak House in Midtown on Valentine’s Day 2013. It was then, Ahern claimed, that an undercover FBI agent and a wire-wearing, crooked developer-turned-informant walked Tabone outside to a parked Audi and paid him the cash.

The Rockland County developer was Moses Stern, whom the feds say Smith — one of the state’s most powerful Democrats — turned to for money and help in a $200,000 bribery scheme to get the Republican ballot for mayor.

“[Tabone] had six or seven vodka toxics without eating,” Ahern told the jury in White Plains federal court. “He was hoping to be retained [by Stern] as a real estate lawyer or a political consultant.”

Ahern said tapes of the exchange will show his client “could barely talk” when he took the cash. He also said Tabone sought contact information from the undercover agent he knew as “Raj,” so he could send “retainer” papers and make “everything up and up.” Ahern claimed Raj gave Tabone a business card — but later took it back.

Tabone was then an aide for then-mayoral hopeful John Catsimatidis. He is on trial on corruption charges along with Smith (D-Queens) and former Councilman Dan Halloran (R-Queens).

The feds say Halloran — who is accused of pocketing $20,500 in cash bribes for acting as an intermediary — masterminded the cross-party negotiations.

Because he is a Democrat, Smith needed GOP support in at least three boroughs to run as a Republican without changing his party affiliation.

The government on Thursday later rolled out its first witnesses, including two FBI agents familiar with the case. Also expected to testify as early as Thursday is state Sen. Diane Savino (D-Brooklyn/Queens).

Savino is a longtime politically ally of Smith. She agreed to take the witness stand without incident after being subpoenaed by the feds.

Both Smith and Halloran face up to 45 years behind bars, while Tabone faces 25 years in the slammer.