Score one for Jayson Williams.

A New Jersey appeals court has agreed to hear a motion by the former NBA star to throw out charges stemming from the shooting death of a chauffeur.

Williams claims that acting Hunterdon County prosecutor Steven Lember prejudiced grand jurors against him by repeatedly telling them that the multimillionaire refused to answer investigator's questions following the fatal shooting of driver Costas "Gus" Christofi. Williams' lawyers contend the prosecutor used Williams' exercise of his Constitutional right to remain silent against him. They also objected to grand jury testimony about rumors linking Williams to the mob, ties he denies.

The grand jury indicted Williams, 34, on a battery of charges, including aggravated manslaughter, that could land the one-time Net in prison for 46 years. The court's decision to hear oral arguments March 12 means Williams' manslaughter trial, scheduled to begin Feb. 18, will be postponed.

Trial Judge Edward Coleman rejected Williams' motion to throw out the indictment in December, ruling that while the prosecutor had made mistakes before the grand jury, they were not serious enough to warrant tossing the charges.

Christofi died from a shotgun blast during a tour of Williams' sprawling Hunterdon County estate Feb. 14, 2002.   Other guests told police a drunken, belligerent Williams accidentally shot Christofi while showing off his gun collection and then enlisted bystanders in an attempt to make the crime scene look like a suicide.