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In court papers filed yesterday, his lawyer said the former Democratic assemblyman from Queens -- who's locked up at the same North Carolina prison complex as Ponzi monster Bernard Madoff -- "poses neither a flight risk nor a threat to the community."
The Manhattan federal-court filing also describes the corpulent crook as "an elderly man with significant health problems" who "always appeared in court when required to do so."
Seminerio, who pleaded guilty to pocketing bribes through a sham consulting firm, plans to base his appeal on a recent Supreme Court ruling that overturned former Enron CEO Jeffrey Skilling's conviction for "honest services" fraud.