The late Brooke Astor's son may go to prison, since he lost his appeal on his 2009 conviction for trying to steal $60 million from his mother.

Anthony Marshall, Brooke Astor's Son, has been free while appealing his case. Astor's son has been living with his wife Charlene in their Upper East Side apartment since Marshall's guilty verdict.

A court judge today released a statement from a unanimous panel saying that Marshall's arguments for appeal were "unavailing" and "against the weight of the evidence," according to the New York Post.

88-year-old Marshall now may go to prison from one to three years, which is the minimum sentence for his grand larceny charge. Marshall stole $5.75 million that his mother had earmarked for charities.

"The record amply supports the jury's determination that defendants are guilty of a scheme to defraud Mrs. Astor by fraudulently changing her will," wrote Justice Darcel Clark of New York State Appellate Court. Justice Clark was referring to Marshall and his attorney, Francis Morrissey, who the son hired to carry out the fraud.

Clark added that the crime occurred "at a time when they knew her physical and mental condition precluded her from having the capacity to agree to any such changes."

The decision did toss one of the 14 counts against Marshall, a minor charge for having his mother's social secretary work for his production company.

Clark noted, "Mrs. Astor supported Marshall's theater ventures. Additionally, there is not evidence to suggest that the secretary's work for Marshall caused her to forgo work she was supposed to do for Mrs. Astor."

In 2009, courts convicted Morrissey of forging Mrs. Astor's signature on an addendum to her will in 2004.

A year after Morrissey forged the signature, Marshall stole "more than $2 million by granting himself a retroactive pay raise and using his mother's money to buy a 55-foot yacht. As well as to pay the yacht captain's wages, the expense related to his wife's property in main," the original decision stated.

Marshall appeared at the appeals court decision in his wheelchair. He begged the court to spare him jail time due to his age, health, military service, public service, and lack of criminal record.

However, Justice Clark wasn't swayed by his arguments for leniency.

"We are not convinced that as an aged felon Marshall should be categorically immune from incarceration."

"The lack of a criminal history is an ordinary circumstance that does not vitiate a prison term for obtaining millions of dollars through financial abuse of an elderly victim," the justice declared.

The New York City DA office released a statement about the court decision. It stated:

"Today the Appellate Division overwhelmingly upheld the 2009 trial convictions of Anthony Marshall and Francis Morrissey, including the top count against Marshall, grand larceny in the first degree. The court also rejected Marshall's argument that he should be spared the charge's mandatory prison sentence. This trial underscored the importance of prosecuting elder abuse, particularly financial fraud perpetrated by those close to the victims. In the words of the appellate court, 'the record amply supports the jury's determination that Marshall committed a series of larcenous acts.'"

Astor was a famous philanthropist, and died in 2007 at age 105. She starred in the 1985 documentary "Empire City," a film about leading New York cultural figures.

Brooke Astor devoted her life to philanthropy and once famously said, "Money is like manure, it should be spread around." She inherited her money from her third husband, hotelier and realtor Vincent Astor, son of J.J. Astor.