The court said prosecutors had failed to show a law was broken.
The charges were dropped when the prosecutor failed to show in court.
On Friday, the judge refused to review the law, saying the prosecutor had failed to bring him a specific case.
The judge said he had to allow the questioning because the prosecutor failed to object.
The company refused to pay, prosecutors say, and failed to get a Queens franchise.
It only says the prosecutor failed to meet the burden of proof.
"Even today, if a prosecutor fails to bring an indictment, the teacher is completely off the hook," she said.
But the judge ruled that the prosecutors had failed to demonstrate any substantive legal reason for moving the trial.
The prosecutor also failed to mention the drugs on the Tomkins' property.
In addition, the prosecutors failed to gather other information from police, despite indications that it existed.