NEW YORK (AP) — New York City prosecutors say they will ask the U.S. Supreme Court to restore a murder conviction in the 1979 disappearance of 6-year-old Etan Patz after an in July.

The Manhattan district attorney’s made the disclosure in a court filing Sunday asking the 2nd U.S. Circuit Court of Appeals to hold off on enforcing its decision in the case of Pedro Hernandez. The former convenience store clerk became a suspect over 30 years after the first grader vanished.

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