A man convicted in a Connecticut home invasion that left a woman and her two daughters dead in 2007 is set to go before a judge in a bid to win a new trial.

Appellate lawyers for Joshua Komisarjevsky (koh-mih-sar-JEF'-skee) are expected to argue Tuesday in New Haven Superior Court that his trial lawyers weren't provided with police phone call recordings crucial to the defense.

Police in Cheshire had said the recordings were destroyed during a lightning strike at the police station in 2010 before Komisarjevsky's trial, but backups of the recordings were found in 2014 at town hall.

Prosecutors say nothing in the recordings warrants a new trial.

Komisarjevsky and Steven Hayes were convicted of killing Jennifer Hawke-Petit and her two daughters, ages 11 and 17.