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ONONDAGA COUNTY, N.Y. -- Onondaga County District Attorney William Fitzpatrick says he'll appeal a decision to throw out a conviction against a Town of Onondaga man accused of sexually assaulting an elderly woman.

The state Supreme Court appellate division ordered a new trial for Vincent Torres. The court said Torres' right to a public trial was violated when his wife was not in the courtroom when some of the jurors were chosen, due to lack space in the courtroom.

Torres was sentenced last year to 97 years in prison for the alleged 2003 crime.

Fitzpatrick says he will appeal the ruling and if he needs to, is ready to go back to trial.