SYRACUSE -- A state appeals court says a county judge was correct in setting aside the sexual abuse conviction of a former Onondaga Nation School music teacher because of the conduct of two jurors.

But the Appellate Division in Rochester reinstated two other charges against Albert Scerbo that had been dismissed before his trial.

Scerbo's lawyer and prosecutors say they want to review the court's decision before deciding whether to seek a further review by the Court of Appeals, the state's top court.

Both sides want another trial for the 46-year-old Scerbo. But they differ on what charges it should address.

Scerbo was tried in August 2007 on sexual abuse and child endangerment charges stemming from allegations he molested a 7-year-old female student at school.