Almost a year to the date after the Court of Appeals reinstated a guilty verdict in a high-profile spousal assault case, the Appellate Division, Second Department, has again reversed Alaa Agina’s conviction—but this time in a way that may keep the case out of the hands of the higher court.

The Second Department, using its typically non-reviewable interest of justice power, has for the second time granted Agina a new trial on charges that he tortured his wife in a fit of jealous rage.