Tony's case was severed from the Strawman case and was to be tried at a later date when he was healthy. Everyone in Strawman was convicted. Tony would have been too. Although Tony was only 48 when he would have gone to jail for Strawman he probably would have gotten out the same time the rest of the guys did which was in the mid 90's.
There was no way Aiuppa was going to even take a chance with Tony being found not guilty. He wanted Tony dead no matter what.