The ruling in a local murder case yesterday is still the talk of the local legal community.
State Supreme Court Justice James Piampiano dismissed the second-degree murder charge against Charlie Tan.
The 20-year old Pittsford man was accused of fatally shooting his father, Jim Tan, in the family's home last February.
Rochester attorney Mark Foti, chair of the Monroe County Bar Association's Criminal Justice Section, does not believe the district attorney's office has the legal standing to appeal the decision.
"If the trial order of dismissal is granted prior to a verdict, the decision is not appealable, and the prosecution does not appear to have any remedy in terms of trying to challenge the decision. He could have granted it after a verdict, and in fact, it's suggested that judges do it that way so there can be a check and balance with the appellate courts."
Constitutional protections against double jeopardy mean that Tan cannot be tried again on any charges related to the allegations in the original indictment.
But Foti said it's possible that Tan could face charges from another prosecuting agency related to the purchase of the shotgun used in the murder.