During her last court appearance, Dawn Nguyen's attorney asked the judge to drop the charges and suppress statements Nguyen made to police prior to her arrest.
Judge Payson ruled that she will make a decision on those statements at a hearing in about two months.
There was more than three hours of testimony from a New York State Police investigator.
"I think it went very well for the defense, particularly because the investigator's memory was not what it should be," said John Parrinello.
The defense says Nguyen was interviewed by investigators inside a police car in front of her home after she was separated from her mother, who was taken to the Greece Police Department for questioning. Her lawyer says Nguyen wasn't read her Miranda rights.
Now, the prosecution says Nguyen told the investigator that she went with William Spengler to buy those guns back in 2010, and told police Spengler was planning to kill his sister.
Parrinello was asked if he was disputing that Nguyen went with Spengler to purchase those guns:
"I'm not admitting, disputing, doing anything. We are presumed innocent. It's up to the two government who brought charges to prove beyond a reasonable doubt and I have some doubt that they will be able to do that."
West Webster Firefighter Ted Scardino, one of the men injured in the Christmas Eve ambush, was in court. There was also a retired West Webster Fire Chief. The department has really been trying to show their support at all of these hearings.
The judge has 30 days past the Oct. 31 hearing to make a decision on these statements.
Nguyen is also facing state charges and that trial date has been set for Nov. 12.