Broome County Judge Martin Smith has thrown out the indictment against Calvin Harris.
Smith says there is insufficient evidence to charge him and there were problems with the grand jury hearing.
In September 2005, Harris was arrested and charged with the murder of his wife, 36 year old Michele Harris.
She disappeared on September 11th, 2001, and her body has never been found.
Judge Smith took the case over in December, after Tioga County Judge Vincent Sgeuglia removed himself at the request of District Attorney Gerald Keene.
There was speculation that Squeglia was also going to throw out the indictment, before he stepped down.
"Two independent judges completely independent of each other reviewed the same documents and both came to the same conclusion," says Harris' attorney Joseph Cawley.
The indictment didn't say how Michele was murdered, only that she was murdered in the Town of Spencer.
That's where the Harris's lived with their 4 children.
With the Indictment thrown out, Keene now has 30 days to appeal Smith's ruling.
Keene refused to comment on Monday's ruling.