HACKENSACK, N.J. (CBSNewYork) — A misconduct conviction against a former Hackensack police chief has been overturned by an appeals court.

In 2012, Ken Zisa was convicted of improperly removing his then-girlfriend from the scene of an accident in 2008 and filing a fraudulent insurance claim. He was sentenced to five years in prison.

Friday’s ruling reversed those convictions and also upheld a lower court judge’s decision reversing separate misconduct convictions.

Among other issues with the conviction, the appeals court said the prosecutor’s opening statement in the trial was “riddled with impropriety” and included numerous impermissible statements.

The court also said the trial judge misapplied insurance fraud laws.

Zisa could be retried on one misconduct count, but he will also be given the opportunity to file a brief stating why that would constitute double jeopardy.

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