Controversial Dr. Eugene Gosy was back in court Tuesday morning for a pre-trial conference.

He’s facing a 166-count indictment, accused of unlawfully prescribing controlled substances related to the death of six patients, but his attorney wanted to get some of those dismissed.

Joel Daniels, Gosy's attorney, also wants to challenge the search warrants used to search the doctor’s medical records and office.

The defense argued some counts were multiplicitous, meaning they charged Gosy with two crimes in one count. If convicted, it would not be clear on which crime he would be found guilty

Daniels also challenged the charges accusing him of health care fraud.

The judge and prosecution questioned whether that would be better left for the jury to decide.

No decisions were made Tuesday, with the judge instead both sides time to submit more paperwork.

Daniels added that the doctor is considering moving to a different practice.

He’s been practicing with supervision at Gosy Pain Management in Williamsville.

If Gosy does change offices, that supervision will continue.