A State Supreme Court judge ordered a new murder trial Thursday in the case of Anthony DiSimone after his first conviction in a deadly Yonkers bar fight was thrown out nearly two years ago.

DiSimone?s defense attorney, however, protested the ruling.

?You don't get do-overs, and the prosecution is getting a do-over, and it's not exactly right,? attorney Murray Richman.

DiSimone is accused of fatally stabbing 21-year-old Louis Balancio, the son of a former Yonkers city councilman, outside Strike Zone bar in 1994.

After five years on the run, DiSimone, the son of a notorious mafia boss, was arrested and convicted of murder. DiSimone served nearly seven years behind bars before his conviction was overturned in federal court because then District Attorney Jeanine Pirro failed to turn over 50 boxes of evidence to DiSimone?s attorney.

Some of the evidence in DiSimone?s case included an alleged confession by another person who was at the Strike Zone on the night of the stabbing. However, Balancio's family members say science is on their side because according to the prosecution, DiSimone?s DNA was on the knife that was used as the murder weapon.

?The DNA is the powerful evidence, and that doesn't change,? says the victim?s mother, Dorothy Balancio.

DiSimone is due back in court in February.