The Tioga County District Attorney sends his appeal in the Cal Harris case to Albany.
Gerry Keene tells Action News he mailed the papers yesterday to the New York State Court of Appeals.
Keene outlined his arguments to overturn a decision to throw out the murder conviction.
Harris was found guilty of killing his wife, Michele.
Her body has never been found.
After the trial, a new witness claimed he saw a woman who looked like Michele after her alleged death.
Judge Martin Smith dismissed the guilty verdict and ordered a new trial.
The defense will have 45 days to respond to the appeal, and then the court will set a date to hear arguments.
Keene says the process usually takes 10 to 12 weeks.