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The New York State Supreme Court has invalidated Peter Koo’s candidacy to represent Queens’ 16th District in the State Senate.

According to the New York State Constitution, candidates must live in the district of their candidacy for a minimum of one year prior to the election. Evidence produced at trial revealed that Koo, who was running as the Republican/Conservative candidate against Democratic incumbent Toby Stavisky, made a house in Nassau County his primary residence in the past 12 months.

Stavisky, the first woman from Queens County to be elected to the State Senate, brought the case against Koo who, if elected, would be the first Asian American serving in the State Senate. Stavisky has held the office since 1999.

“Peter Koo’s candidacy is a sham,” Stavisky’s re-election campaign spokesman Joe Reubens said. “Two very important facts came out in this case – that Peter Koo does not live in this community and that he cannot be trusted to tell the truth, even when under oath. If Koo moved to Port Washington for the schools, as he testified, perhaps he should consider running for office there, but certainly not in Queens.”

The judge’s official ruling shows that Koo claimed to have two residences, both a condominium at 133-24 41st Ave. in Flushing and a four bedroom home at 32 Angler Lane in Port Washington, New York.

But Koo cannot prove that he made payments for the Flushing apartment during the constitutionally required time period. In addition, Koo registered his car in Nassau County and never told the DMV or his insurance company that he was claiming to live in Flushing. Furthermore, Koo is the recipient of a tax exemption on his Nassau home that is only available for a primary residence.

State Supreme Court Justice James Dollard said Koo was only able to prove he made the Flushing condo his primary residence since April 2008. He also said he found Koo’s testimony under oath lacking in credibility.

“From his demeanor on the stand, the manner in which he gave his testimony, his evasiveness and the inconsistency in his testimony, the court finds the respondent [Koo] not to be a credible witness,” Dollard wrote.

Koo, CEO/President of Starside Drugs and President of the Flushing Chinese Business Association, has appealed the decision.

“The supreme decision…I think it will hold up,” Reubens said. “I don’t expect he’ll be placed back on the ballot.”

The Brooklyn Appellate Court will have a decision by the end of this week.

“We’re optimistic,” said Johnson Lee, a Koo campaign staffer. “We hope that everything’s okay.”

Koo may be able to appear on the ballot should the appeal be successful. In the meantime Stavisky plans to face Robert Schwartz in the September primary.