ROCHESTER — A date is set to hear arguments over a judge’s dismissal of the murder charge against Charlie Tan.

The former Cornell University student was charged with killing his father, Jim Tan, in their Pittsford home back in February of 2015. Jim Tan was presdident of Canandaigua-based Dynamax Imaging.

In November 2015, Judge James Piampiano dismissed Tan’s murder charge after jurors failed to reach a verdict. The Monroe County District Attorney’s Office asked an appellate court to overturn Piampiano’s decision. 

According to Tan’s attorney Brian DeCarolis, the appeal hearing will be held March 1 in state appellate court.

Prosecutors said Charles Tan shot his father as he worked at his desk in the family's Pittsford home. During the trial, there were allegations that Charlie and his mother Jean were victims of domestic violence at the hands of Charlie's father, Jim Tan. The prosecution also said that Jim Tan was dead for possibly days before anyone called 911.

During defense summations at the trial, defense attorney James Nobles pointed to Charlies's mother as having the opportunity, the ability and the motive to kill Jim Tan.