- Associated Press - Tuesday, February 4, 2014

NEW BRUNSWICK, N.J. (AP) - A judge has dismissed official misconduct charges filed against a central New Jersey high school coach accused of having sex with an 18-year-old female student.

But acting Middlesex County Prosecutor Andrew Carey said he would appeal the ruling, which was issued Tuesday. It came as Adrian McConney’s trial was set to start in New Brunswick.

The judge said the charge could not stand because the alleged act between the student and the teacher was not unlawful. But Carey said the ruling was “erroneous.”

McConney, a 36-year-old gym teacher and soccer coach at Piscataway High School, was accused of having sexual relations with the student in February 2013. Authorities have not said if the girl was a member of the team he coached.

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