Justice Maxwell Wiley of the Supreme Court of New York on Wednesday granted Paul Manafort’s motion to dismiss an indictment from March that charged him with crimes of residential mortgage fraud, falsifying business records and scheming to defraud.

Manafort, President Donald Trump’s former campaign chairman, had already been charged with the same crimes at the federal level in the US District Court for the Eastern District of Virginia in February. The motion that Wiley granted sought relief from the New York indictment on the grounds that Manafort had already been prosecuted for the same charges at the federal level. New York CPL § 40.20(1) prohibits double jeopardy, stating that “a person may not be twice prosecuted for the same offense.” The statute defines previous prosecutions as prior charges that resulted in a conviction or guilty plea.

This was crucial to Wiley’s decision regarding Manafort’s motion. In the federal indictment in Virginia, as well as another in the US District Court of the District of Columbia, Manafort struck deals in which he would plead guilty and not file and post-trial motions in order to have the prosecution dismiss any charges that were stuck in hung courts. Wiley concluded that, “given the rather unique set of facts pertaining to [the] defendant’s previous prosecution in federal court,” the motion to dismiss Manafort’s indictment under New York double jeopardy laws “must be granted.”

A spokesperson for District Attorney Cyrus Vance tweeted following the decision: “[The District Attorney] will appeal today’s decision and will continue working to ensure that Mr. Manafort is held accountable for the criminal conduct against the People of New York that is alleged in the indictment.”