Paul Barbaritano returned to court Wednesday, entering a not guilty plea on a second degree murder charge.
Barbaritano is accused of killing Nicole Jennings. Officials say Jennings, 29, was found in an Albany apartment with her throat cut in July.
Barbaritano was originally charged with second-degree manslaughter, a charge that led to his release earlier this month. He was among the first in Albany County to be released under the new bail reform law.
But with the upgraded charge returned by a grand jury last week, Judge William Carter has now sent Barbaritano back to Albany County Jail, this time without bail.
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Barbaritano's attorneys made several allegations during the arraignment, saying they find the timing of the grand jury indictment suspect and question the new upgraded charge.
"The facts are out there. What do you think? There was no conversation about murder up until very recently, up until after January 2. And the facts are what they are right now," said Rebekah Sokol, assistant public defender, after court on Wednesday.
That's something the Albany County District Attorney's Office disputes, arguing the grand jury date was scheduled before Barbaritano's release.
"The people chose to wait to review all of the evidence in this case so that we could make a thoughtful decision on what charges would be appropriate to present to the grand jury," Assistant District Attorney Jennifer McCanney told the judge.
Barbaritano has been seeking treatment for his mental health, which is expected to continue while he is in jail.