New York’s highest court heard arguments Wednesday on whether a former residential counselor convicted of sexually abusing a woman in his care at a group home should have the chance to bring his appeal back to the trial court that convicted him and reveal new information that could toss the indictment brought against him five years ago.

Former New York Attorney General Barbara Underwood, now reprising her role as state Solicitor General, appeared before the Court of Appeals to defend the state law in question.