LONG ISLAND, N.Y. (PIX11) — Kelsey Cuevas, the daughter of 50-year-old Evelyn Rodriguez, cried out for justice Tuesday, saying she would “do anything” to have her mother back.

A New York appeals court overturned the conviction of Ann Marie Drago. The 61-year-old was previously convicted of negligent homicide in Rodriguez’s death. She was accused of driving over Rodriguez in 2018 — at the time, Rodriguez was setting up a memorial for her daughter, who was allegedly murdered by MS-13 gang members.

The court cited prosecutorial misconduct as its reason for overturning Drago’s conviction. The court said Drago was denied a fair trial because the jury was confused by “highly suggestive language.”

In a statement, Drago’s attorney expressed gratitude for the decision. Former Suffolk County District Attorney Tim Tini, however, expressed his disappointment.

“I strongly disagree with the appellate division’s decision,” he said. “I remain proud of the work the investigators and prosecutors did in this case from the outset of this tragedy.”

Current District Attorney Raymond Tierney pledged to respect the decision.