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ELIZABETH, N.J. (AP) — A lawyer for a man accused of setting off bombs last year in New Jersey and New York, injuring more than 30 people, has asked a judge to dismiss attempted murder charges stemming from a shootout with police.

Deputy Public Defender Peter Liguori argued Monday there’s no evidence Ahmad Rahimi intended to kill officers during a Sept. 19 gunbattle in Linden. He says the evidence might support a lesser charge of aggravated assault.

Liguori says Rashimi was “firing over his shoulder” as he fled. But prosecutors say police testified Rahimi was aiming at them.

At the time, Rahimi was being sought for allegedly planting two bombs in Manhattan and two in New Jersey.

The judge plans to rule on the dismissal motion later this month.