A New Jersey man who confessed last year to the killing of 6-year-old New York resident Etah Patz now wants the case dismissed and admitted that his confession in the abduction was false.

In court documents filed Wednesday by his lawyer, Pedro Hernandez said his confession regarding Patz's abduction and death was not true. Hernandez was indicted last fall after Patz disappeared on his way to a school bus stop in SoHo, N.Y. on May 25, 1979.

Hernandez admitted in 2012 to killing Patz, saying he lured the youngster into the basement of a bodega where he worked. Hernandez also said he choked Patz and later tossed the boy's body into street garbage. He pleaded not guilty in December to the murder charge.

Hernandez has now asked a judge to drop the murder case against him, according to CBS New York.

"No evidence or witnesses have been found corroborating any of the few facts" in Hernandez's statements about the 1979 disappearance, his defense lawyer Harvey Fishbein wrote.

The arguement is that there was not enough proof to support the case. A judge is not expected to rule until May, according to The Associated Press.

Fishbein said in 2012 that a trial will not reveal the truth of what happened to Patz, according to PIX 11. He defended his client by saying Hernandez is mentally unstable.

"The indictment is based solely on statements allegedly made by my client, who has, in the past, been repeatedly diagnosed as suffering from schizophrenia, and who has, over the last six months, been found to suffer from schizotypal personality disorder, which is characterized by, among other things, unusual perceptual experiences, commonly referred to as hallucinations."

Patz's photo was among the first put on milk cartons and his case turned May 25 into National Missing Children's Day, according to the news report.