A federal judge will weigh Tuesday whether to release the former New York City bodega clerk whose murder conviction in the notorious 1979 disappearance of little Etan Patz was stunningly overturned.

Pedro Hernandez, 64, argues that he should be freed from state prison in light of an appeals court’s finding in July ordering his release unless the Manhattan District Attorney’s office sets a new trial date within a “reasonable” time period. 3

Judge Colleen McMahon will hear arguments from both sides during a Manhattan Federal Court hearing Tuesday afternoon — as it remains unclear if Hernandez will face a third trial over the headline-grabbing case.

The DA’s office has countered that Hernandez should stay locked up at Clinton Correctional Facility until the US Supreme Court decide

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