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They have each served nearly three years of their prison terms, which were set at 8-1/3 to 25 years apiece.

The case became synonymous with corporate excess after prosecutors said Kozlowski, 61, had used Tyco (TYC.N: Quote, Profile, Research, Stock Buzz) money for lavish parties and furnishings for his Manhattan apartment, including a $6,000 shower curtain and a $15,000 umbrella stand. The convictions came after an earlier mistrial.

Lawyers for the two men argued to the New York State Court of Appeals in Albany that the trials were flawed for several reasons and the convictions should be reversed.

Kozlowski's attorney, John Martin, said a key prosecution witness unfairly prejudiced the jury. He said the trial court erred in allowing the testimony of David Boies, a lawyer hired by Tyco in 2002 to conduct an internal probe.

Martin said Boies became the prosecution's central witness but 'should never have been allowed to testify about this investigation.' Kozlowski has argued that Boies's testimony about a conversation he said he had with Swartz after Kozlowski left Tyco should have been inadmissible

FISHKILL, N.Y. - Hip-hop star Akon is expected to appear at a court hearing on criminal charges alleging he tossed a fan off stage at an upstate concert last summer.
The 35-year-old was scheduled to appear in Fishkill Town Court Wednesday morning. He pleaded not guilty in December to misdemeanor charges of endangering the welfare of a minor and second-degree harassment, a violation.
He's accused of tossing a teenage boy off the stage during a June 2007 concert at a minor league baseball stadium near Poughkeepsie. Another concertgoer said she suffered a concussion when the teen landed on her.
The incident was caught on videotape.

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