The Oneida County woman convicted of poisoning and killing her boss is efforting an appeal.

Kaitlyn Conley is currently serving time for first-degree manslaughter in the death of Mary Yoder.

Conley's first trial ended with a hung jury.

Although her indictment didn't include a manslaughter charge, the judge allowed it to be added as a lesser charge for the jury to consider in the second trial.

It's a move the defense is challenging.

They say the amount of colchicine given to Mary Yoder shows there was intent to kill, rather than just make her sick.

"It was undisputed at trial that the amount of colchicine in Mary's body was enough to kill at least 18 people her weight, to kill her many times over," said Defense Attorney Simone Shaheen.

The Oneida County District Attorney says this argument is likely the biggest of all the alleged issues brought up in the appeal by the defense.

He believes the manslaughter charge should stay.

"I always believed, and I still believe, that a reasonable jury could look at this and say, 'We don't think Kaitlyn Conley meant to kill Mary. We just think she meant to get her very, very sick'," said Oneida County District Attorney Scott McNamara.

"The evidence you've seen by your questioning relents itself to inferences that would lead to both murder and to manslaughter," said Assistant District Attorney Steven Cox.

The defense says the lesser charge was just a way to get a verdict, noting the first trial's hung jury and the lack of a murder conviction in the second.

"They twice rejected this case against Katie and the manslaughter was just thrown out in the last minute to get a compromised verdict," Shaheen said.

Justices will now consider the arguments and issue their ruling at a later date.