ALBANY, N.Y. – The case of convicted murderer Matthew Slocum moved to the New York State of Appeals Tuesday.

"If we have a favorable ruling here, I'd say another trial is likely," said Slocum’s attorney, Washington County Public Defender Michael Mercure.

A new trial for his client is precisely what Mercure is hoping for after Tuesday's arguments.

Slocum's case arrived at the state's highest court more than a year after the Supreme Court’s Appellate Division threw out his 2012 conviction in Washington County, where he was found guilty of murdering his mother Lisa Harrington, along with her husband, Dan, and his son, Joshua O'Brien.

The appellate judge ruled jurors never should've heard alleged admissions of guilt Slocum made to police after his arrest because his right to an attorney was violated.

"This was undoubtedly an unequivocal invocation of counsel," Mercure argued before the six justices.

"I think they said 'do you want a lawyer?' and he said 'yeah.' He did say 'probably,'” Mercure added, following the proceedings. “We believe the state law would provide that's an indication of counsel."

Believing the original conviction should stand, the lawyer representing the prosecution argues Slocum’s statement of "yeah, probably" was not a clear statement that Slocum wanted a lawyer present.

"He did not make an independent request to the officers regarding counsel,” said Jason Weinstein, an attorney with the New York Prosecutors Training Institute.

Also at issue is a letter Mercure sent to the Washington County District Attorney and Sheriff's Offices shortly after an amber alert for Slocum's son, Raymond, had been issued and the search for Slocum was still underway.

Mercure argues it was enough to establish himself as the then-24-year-old's defense attorney, while the appellant disagrees.

"That letter was disregarded, and that it shouldn't have been," said Mercure, who had represented Slocum in a previous matter, but had not yet contacted him while police were still searching for him as a person of interest.

"I don't believe there are any cases where this court or the appellate division have said an attorney who's not been contacted by anybody else can unilaterally enter the matter," Weinstein argued.

As he awaits the court's ruling, Mercure maintains Slocum's innocence.

He claims the crimes were carried out by his ex-girlfriend, Loretta Colegrove, who was with Slocum when he was arrested.

"We still maintain the only direct evidence in the case would implicate Ms. Colegrove," Mercure said.

The six Court of Appeals judges are expected to take roughly a month to review the arguments before deciding whether Slocum deserves a second trial or if he'll go back to prison for the remainder of his 88 years to life sentence.