ALBANY, N.Y. (NEWS10) — A second degree murder indictment was tossed out of court for a man accused of stabbing a woman inside her Albany apartment in 2019.

The indictment against 53-year-old Paul Barbaritano was thrown out by the judge claiming the Albany County District Attorney did not properly charge the grand jury with instructions.

Barbaritano is accused of stabbing 29-year-old Nicole Jennings in her Brevator Street apartment. Barbaritano claims her death was accidental when he tried to cut a belt that was wrapped around her neck during a sex act.

NEWS10 ABC learned that the DA’s office plans to send the case to another grand jury.