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Buffalo mass shooting suspect back in court

The defendant's attorneys were granted a 90-day extension to decide whether to use a psychiatric defense.

BUFFALO, N.Y. — The man accused of killing 10 people in the Tops shooting was back in court in front of an Erie County judge where his attorneys asked for some extensions.

Payton Gendron, 19, appeared with his attorneys who wanted more time to come up with their strategy moving forward. In this case he faces 25 counts, including ten counts of first degree murder.

Cameras were not allowed in the courtroom on Thursday. Gendron was there with two of his three attorneys. They asked the judge for a full and complete stay of these charges and an extension to decide whether to pursue a psychiatric defense.

They argued that this case could impact the federal case in a negative way for their client -- calling it a matter of life or death. They said they wanted this case put off for a year thinking it might take that long for federal attorneys to figure out if that's a death penalty case.

Then asked for an extra six months to decide whether to seek a psychiatric defense saying they were just handed a lot of evidence to go through from prosecutors. 

Judge Susan Eagan denied the first request and granted a 90-day extension for the lawyers to decide whether they would go with a psychiatric defense. The next court date is Oct. 6.

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