MORRISTOWN, N.J. (CBSNewYork/AP) — Attorneys for a man accused of hatching a plot to kill his wife are asking a New Jersey judge to dismiss the charges.

The Star-Ledger of Newark reported an attorney for Kashif Parvaiz filed papers ahead of a Wednesday court appearance, arguing the prosecution withheld evidence from a grand jury.

The 27-year-old Parvaiz and his 28-year-old alleged accomplice, Antoinette Stephen of Massachusetts, are facing murder, conspiracy and weapons charges in the death of Parvaiz’s wife.

Kashif Parvaiz (L) with his slain wife Nazish Noorani (R) (credit: Family Handout)

Kashif Parvaiz (L) with his slain wife Nazish Noorani (R) (credit: Family Handout)

Twenty-seven year-old Nazish Noorani was fatally shot in August 2011 while walking with Parvaiz and one of their children in Boonton where Noorani’s family lived.

Both Parvaiz and Stephen have pleaded not guilty.

Parvaiz’s attorney says prosecutors were selective in the evidence they showed a grand jury.

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