SYRACUSE (AP) - A judge correctly set aside the sexual-abuse conviction of a former Onondaga Nation School music teacher because the jury's decision was tainted by prejudicial outside information, according to a state appeals court.

But the Appellate Division, 4th Department, in Rochester also reinstated other charges against Albert Scerbo that had been dismissed before his trial.

Scerbo's lawyer and prosecutors said last week that they wanted 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, of Clay, was convicted in August 2007 of sexual-abuse and child-endangerment charges stemming from allegations that he molested a 7-year-old female student at the small reservation school, just south of Syracuse.

Onondaga County Judge Hon. William Walsh set aside the conviction in November 2007 and ordered a new trial after determining that the verdict was compromised by two jurors with backgrounds in teaching. During deliberations, the two jurors discussed how teachers are trained not to touch students.

Because at least one juror testified at a post-trial hearing that they were swayed by the information, Walsh was required to reverse the conviction because of the prejudicial outside information, the appeals court ruled Friday.

But the appellate judges also agreed, in part, with the prosecution's contention that Walsh erred in his pretrial decision to dismiss some charges related to other victims.

The court concluded that there was sufficient evidence to support a felony sexual-conduct charge involving one of the other victims despite some improper grand-jury testimony from a teacher's assistant.

Scerbo was originally charged with endangering the welfare of 17 female students and sexually molesting 16 of them.

Walsh dismissed charges relating to four victims before trial. He dropped three other from the case during trial, leaving the jury to consider charges involving 10 victims.

If the appellate-court ruling stands, Scerbo would face a new trial on four charges involving two victims.