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CAYUGA COUNTY, N.Y. -- The indictment against a Cayuga County man accused of killing his ex-girlfriend has been reinstated.

David McNamara was arrested last year in connection with the death of Katie Socci. He was indicted by a grand jury, but that was thrown out on appeal.

A Cayuga County judge said McNamara was not given advance notice of the grand jury's investigation and therefore was denied a chance to testify.

The District Attorney's office appealed that decision and Friday, the appellate division ruled in the DA's favor, saying his office was not required to notify McNamara that the murder case was being presented to the grand jury and that the DA’s office therefore proceeded properly in the case. So the murder indictment has been reinstated and is now awaiting a trial date.

McNamara is currently in jail, serving time for an unrelated drug charge.