ONONDAGA COUNTY, N.Y. -- The charge against the man accused of committing Onondaga County's first hate crime will stand as just that.

Dwight DeLee has been charged with second degree murder as a hate crime in the November 2008 shooting death of Lateisha Green, a transgender individual whose birth name is Moses Cannon.

DeLee's attorney, Clarence Johnson, challenged the constitutionality of the charge, citing it as vague and too general.

Judge William Walsh entertained the motion, but determined Thursday the case will go forward as a hate crime.

The trial is scheduled to begin in mid-July.