The Morris County Prosecutor's Office must decide whether to retry Donald Hertel, seek a plea agreement or dismiss the case.
The Rockaway Township man was supervising several youths at the Randolph YMCA in 2006 when he allegedly asked an 11-year-old to open his swimsuit to see how long the boy could stand having hot and cold water sprayed on his genitals.
The conviction was overturned last July because of confusing jury instructions.
Hertel's lawyer, Gerard Hanlon, tells The Daily Record of Parsippany his client's actions were horseplay.
The prosecutor's office declined comment.
