CENTRAL ISLIP, NY (PIX11) — Citing prosecutorial misconduct, a judge overturned the conviction of a woman charged with stealing from a memorial for a slain teen and fatally running over the teen’s mother, officials said Wednesday.

Annmarie Drago, 60, had been convicted on charges of criminally negligent homicide, petit larceny and criminal mischief in the 2018 death of anti-gang activist Evelyn Rodriguez, 50. She was sentenced to nine months behind bars.

The Supreme Court of the State of New York Appellate Division: Second Judicial Department believes Drago was “deprived” of a fair trial and “therefore, a new trial is required.” Per the court, the “prosecutor mischaracterized the evidence relating to the charge of criminally negligent homicide and confused the jury by repeatedly using language to suggest that the defendant’s conduct in striking Rodriguez with the vehicle was intentional or reckless.”

Suffolk County District Attorney Raymond Tierney said he respected the court’s decision and would abide by the ruling. He noted the case was tried under former DA Timothy Sini.

“The court’s decision to reverse the trial verdict was based upon a finding of prosecutorial misconduct committed in the summation by the assigned prosecutor,” Tierney said. “That prosecutor, as well as those supervisors from the prior administration who oversaw the trial and reviewed those remarks prior to the summation, were not retained by me and are no longer with the Suffolk County District Attorney’s Office.”

Rodriguez, 50 had a memorial set up for daughter Kayla Cuevas, 16, on Sept. 14, 2018. She was killed two years to the day after Cuevas’ body was found. The teen and her friend, 15-year-old Nisa Mickens, were ambushed by alleged MS-13 gang members in 2016.

Rodriguez fought against gangs in the years after her daughter’s death. When Drago was found guilty, Sini said the “prosecution team that handled this case did an outstanding job of presenting the evidence and the jury came to the appropriate result.”