Ashkar was convicted in May
of criminal possession of stolen property. Prosecutors said Ashkar had stolen the winning scratch-off ticket from Miles, the real winner. Lottery officials say they're close to determining whether the ticket belongs to Miles.
Ashkar and his brother were cleared of conspiracy charges.
Prosecutors argued at trial that the brothers scammed Miles out of the winning ticket by telling Miles he won $5,000 and giving him $4,000 for the ticket. Ashkar testified that he didnâ??t steal the ticket or have any contact with Miles.
Miles testified that he often
purchased lottery tickets from the Green Ale Market and remembers buying the ticket, scratching it off, and realizing it was worth $5 million. Miles said he showed the ticket to Ashkar, who told him it was only worth $5,000 and cashed it for him for $4,000.
Prosecutors argued that Ashkar waited over five years, until March 2012, to claim the jackpot at a Lottery office in Schenectady. Ashkar said he waited to cash in the ticket because he "had a lot going on." A lottery employee testified that Ashkar said he was willing to take a lesser amount in exchange for remaining anonymous.
The Lottery was contacted by Syracuse Police on behalf of Miles after the lottery out a news release about the winning ticket, without being sure of the winners, to see if anyone else would come forward to claim the ticket.
(Information from the Associated Press was used in this report.)