Attorneys for a Putnam County man who was twice convicted of murder only for both those convictions to be overturned are trying to secure his release from jail ahead of his third trial.

Defense attorneys for 34-year-old Anthony Grigoroff reiterated their belief Tuesday he had nothing to do with the 2008 murder of 49-year-old John Marcinak - and that Grigoroff's confession was false.

Prosecutors have contended Grigoroff was in a car near Marcinak's business, Garrison Garage on Route 9, on Dec. 31, 2008 while another man was outside the car about to rob the business.

Prosecutors said Marcinak showed up to confront the man and the man then shot and killed Marcinak.

After his confession that his attorneys have said is false, Grigoroff was charged with second-degree murder in mid-2009.

No one else, including the alleged shooter, has been charged in connection to Marcinak's murder.

Grigoroff's attorneys said Tuesday he did not receive a fair trial in 2010, nor 2017, and a four-judge state appellate panel agreed.

The panel overturned the first conviction saying certain third-party statements should not have been admitted as evidence.

Last month, the same panel threw out the second conviction writing in its decision the judge was wrong to limit expert testimony about false confessions.

Grigoroff's confession came after 12 hours of interrogation, his attorneys said, and that in the third trial the jury should learn what causes someone to falsely confess.

"Jurors are not as sophisticated. They don't realize this is actually something that occurs," Grigoroff's defense attorney Bruce Barket said after Tuesday's conference. "So we need to educate them on that. Then we'll be able to demonstrate why Anthony's [confession] is false."

Grigoroff's defense team also pointed out they have not received any evidence from the prosecution against Grigoroff other than his confession.

"The counter-narrative is not that this twice-convicted murderer had his conviction overturned," said attorney Danielle Muscatello, who handled Grigoroff's previous appeals. "The counter-narrative is that they never arrested the right person to begin with."

Putnam County District Attorney Robert Tendy previously said he does not publicly discuss details of open cases. He declined comment again Tuesday on his way out of the courthouse.

Grigoroff is back in court Feb. 24 when both sides exchange any additional evidence or testimony.

Barket and Muscatello also plan to present a bail application for Grigoroff.

Grigoroff has been in prison 17 years. His original sentence for the second-degree murder conviction was 25 years to life in prison.