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AUBURN, N.Y. -- The man accused of killing his ex-girlfriend in Auburn this summer is now trying to get the murder charge against him dropped.

YNN has learned that David McNamara's defense attorney is planning to file a motion in court Tuesday requesting the judge dismiss an indictment against his client.

McNamara is charged with second degree murder for the death of his ex-girlfriend Katie Socci this past June. His attorney claims that neither he nor McNamara were notified when the case was presented to a grand jury in Cayuga County Court.

McNamara is already behind bars serving a five year prison sentence for an unrelated drug charge.