After lawyers for Dewey & LeBoeuf's indicted executives argued that the case should be dismissed, Acting Supreme Court Justice Robert Stolz announced Tuesday that the case is going to the jury.

Stolz said the prosecution established a prima facie case of conspiracy over the past three months, declining the defense's motion to strike certain hearsay evidence. However, Stolz reserved decision as to dismissal of any individual counts or defendants from the indictment.

He gave prosecution and defense attorneys a draft of the instructions he plans to give the jury. The lawyers will convene Thursday morning to discuss those charges and suggest changes. The jury is due back in court on Sept. 8.