ALBANY, N.Y. (NEWS10) — A murder charge against an Albany man was thrown out.

Paul Barbaritano, 53, was accused of fatally stabbing a woman inside an apartment in July. The judge’s decision is reportedly based on a prosecutorial error involving the grand jury.

Early on his case, Barbaritano became a focal point in the argument against newly enacted bail reform in the state and was briefly released from custody before his indictment.

A new warrant has already been filed against Barbaritano; however, there are no grand juries available because of the coronavirus pandemic.

The case remains open and pending. Barbaritano is still in custody.