NEW YORK (AP) — Lawyers for a man whose conviction in the 1979 disappearance of 6-year-old Etan Patz was recently overturned asked a judge on Tuesday to set a date for his release from prison if prosecutors don’t decide soon to hold a new trial.

Pedro Hernandez’s conviction was overturned in July by the 2nd U.S. Circuit Court of Appeals which ruled that the jury in his 2017 trial should have gotten a more thorough explanation from the judge of its options, which could have included disregarding all of the confessions. He was ordered freed unless he was retried “within a reasonable period.”

A federal judge expressed doubt Tuesday that the U.S. Supreme Court will take up the recent appeals court decision.

Judge Colleen McMahon in Manhattan did not immediately rule on the request by Hernan

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