@msbellows Quite independent of the new found claims of immunity even from state criminal laws by El Presidente if I were in Marchan's shoes I would go for the maximum sentence of incarceration because it is well deserved, indeed even inadequate.
And yes, I'd ignore the SCOTUS decision because it that is a Federal court and this conviction is in a state court. As a judge in that state court I want my instructions to come from a higher-than-me court of my own state. Absent that, I'd follow NY state law.