FORT EDWARD, N.Y. (AP) — An appeal in a triple murder case in upstate New York is heading for the state's highest court.

A Washington County jury found Matthew Slocum of White Creek shot his mother, stepfather and stepbrother and set their home on fire in July 2011. The conviction was overturned in November 2015 by the Appellate Division of state Supreme Court.

The mid-level court found police should not have questioned Slocum because he had invoked his right to counsel.

Washington County Public Defender Michael Mercure tells the Glens Falls Post-Star ( ) the Court of Appeals has scheduled oral arguments for Feb. 7.

If the court doesn't reverse the Appellate Division ruling, a retrial would likely be held.

Slocum was serving an 88-years-to-life prison term. He's in the county jail pending the appeal.