BINGHAMTON, N.Y. (AP) — A New York county court judge has dismissed a manslaughter charge against a man suspected of supplying heroin to a 26-year-old who died of an overdose.

According to the Binghamton Press & Sun-Bulletin , Richard Gaworecki still faces other charges including criminal sale of a controlled substance. Prosecutors say he sold heroin to Nicholas McKiernan who died of an overdose in July. A judge said Thursday that grand jurors hearing the case didn't get proper instructions when they indicted him.

The judge said in order to prove manslaughter, Gaworecki would have had to ignore a substantial risk of death. He said there was no direct evidence that Gaworecki knew the heroin he sold was particularly strong.

The district attorney has appealed the decision. Gaworecki's lawyer says the decision was right.

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Information from: Press & Sun-Bulletin, http://www.pressconnects.com