SOUTH BEND, Ind. (AP) _ A northern Indiana judge has allowed a feticide charge to stand against a woman charged with neglect in the death of a newborn whose body was found in a restaurant trash bin.

St. Joseph Superior Court Judge Elizabeth Hurley ruled Tuesday the charge can stand against 33-year-old Purvi Patel of Granger.

Defense attorney Jeff Sanford asked Hurley to strike the charge that was added last week, saying he didn't have time to prepare a defense Patel's scheduled Sept. 29 trial. The South Bend Tribune reports (http://bit.ly/VPYG4p ) Hurley is allowing Sanford more time to prepare his defense, and the trial date likely will be vacated at a hearing Friday.

Feticide carries a maximum sentence of 20 years in prison. Neglect carries a maximum sentence of 50 years.