ALBANY -- A state appeals court says a millionaire upstate New York businessman convicted of killing his estranged wife will get a new trial.

Calvin Harris was found guilty last year of second-degree murder, but the trial judge threw out the conviction after a witness testified he may have seen Michele Harris with another man hours after the time a prosecutor said her husband killed her.

Tioga County District Attorney Gerald Keene appealed the judge's decision to order a new trial.

The appeals court sided with the judge in a unanimous decision issued Thursday.

Defense attorney William Easton says the appellate decision begins the process of clearing Harris' name. Keene says he is ready to take Harris to trial again.