New York's highest court is allowing prosecutors to resubmit a case alleging manslaughter as a hate crime to a grand jury after agreeing that a man's earlier conviction had to be thrown out.

The Court of Appeals, agreeing with a midlevel court, says Dwight R. DeLee's jury verdict in 2009 was inconsistent and had to be thrown out.

While jurors convicted DeLee of manslaughter as a hate crime in the shooting of a transgendered woman in Syracuse, they didn't convict him of ordinary manslaughter.

He was also convicted of illegally possessing a weapon.

Assistant District Attorney James Maxwell says Monday that prosecutors plan to bring the case back to a grand jury.

The 26-year-old DeLee was released to parole last year.

A call to DeLee's attorney was not initially returned Monday.