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Gage Ashley, 26, who is facing charges in the November 2019 shooting death of Joshua A. Poole after Ashley's prior murder convictions were overturned on appeal in May, has an evidence suppression hearing set for Friday, Jan. 19. The hearing was scheduled during a court conference Thursday, before his new trial is set to start in early March.

Cayuga County Chief Assistant District Attorney Chris Valdina told мÓƶà¶à¿ª½±¼Ç¼ the arguments will concern a search conducted by police at the residence of Mary Ferro, a romantic partner of Ashley's. The Auburn Police Department, Cayuga County Sheriff's Office and New York State Police were all involved in the murder investigation.

Ashley's attorney, Shaun Chase, told мÓƶà¶à¿ª½±¼Ç¼ after the conference that the defense argues there was "impropriety on the police's part," and his client's Fourth Amendment rights were violated.

"Ultimately, the judge will decide," Chase said.

District Attorney Brittany Grome Antonacci told мÓƶà¶à¿ª½±¼Ç¼ the DA's office does not feel Ashley's rights were violated.

"The evidence does not show that there was any impropriety on behalf of the police, and the judge will make that decision after the hearing," Grome Antonacci said.

Ashley was one of four people charged with the death of Poole, 36, at 8 Delevan St. Ashley was convicted of first-degree murder, second-degree murder, first-degree attempted robbery and second-degree criminal possession of a weapon. He was sentenced in December 2021 to 21 years to life for the murder charges and 15 years to life for the other charges.Ìý 

The state Appellate Division, Fourth Department, a mid-level appeals court, overturned Ashley's conviction after the grand jury that originally indicted him was illegally constituted due to one member having a criminal conviction. He was arraigned again on the same charges in June.Ìý