The New York Court of Appeals dismisses the indictment and conviction of Shawn Munck, 25, of the Town of Union. Munck is serving probation for a conviction of criminally negligent homicide.
In 2008, his younger brother Peter was found dead in their home on Hastings Avenue in the Town of Union.
Peter was 12 years old and died from internal bleeding.
Shawn had admitted to stepping on Peter's abdomen.
An autopsy concluded it caused blood vessel to tear.
Shawn and Peter were living with their grandmother who was in the hospital at the time.
A jury dismissed charges of manslaughter and assault, but did find Shawn Munck guilty of criminally negligent homicide.
The appeals judges ruled the jury was not properly instructed on case law regarding his liability to seek medical care.
The question is whether he was left to care for Peter as a legal guardian or had assumed parental responsibilities.
Also, whether it would have been reasonably apparent to him that Peter needed such care.
It said the jury never had the opportunity to resolve conflicting evidence regarding Shawn's intent.
It would be up to the Broome County District Attorney to seek another indictment for trial.