Trial in Murder of Kenmore Restaurant Owner Delayed

September 3, 2014 Updated Sep 3, 2014 at 12:30 PM EDT

By John Borsa

...
September 3, 2014 Updated Sep 3, 2014 at 12:30 PM EDT

BUFFALO, NY (WKBW) - The murder trial of Antonio Martin-Brown, 21, of Buffalo was postponed until Thursday afternoon in State Supreme Court.

The non-jury trial was supposed to begin Wednesday morning with opening statements by lawyers.

Judge Russell Buscaglia denied a prosecution motion to preclude Martin-Brown from using an extreme emotional disturbance defense.

Martin-Brown's lawyer, Andrew LoTempio, said his client killed 62-year-old Vincent Cattone after learning that their relationship was sexual in nature and was not a romantic relationship, as Martin-Brown had believed.

Martin-Brown allegedly admitted to police that he stole checks from the victim and cashed them for $800 prior the the killing.

Opening statements will now take place on Thursday at 2 p.m. Martin-Brown faces 25-years-to-life in prison if convicted, but he could be convicted on a lesser charge of Manslaughter if his extreme emotional disturbance defense is successful.

First Degree Manslaughter has a maximum prison term of 25 years.