Alleged kidnapper Nicholas Wieber lured the victim on Discord and picked her up from school, Suffolk County prosecutors say.
The kidnapping and robbery happened around 1 a.m. on Sunday along Bronx Park Avenue.
The federal judge said she needs a few more days to decide whether the now 64-year-old should be released from prison or should be given a new trial date.
The Manhattan district attorney's office decided Monday to ask the U.S. Supreme Court to intervene after a federal appeals court ordered a new trial or the release of Pedro Hernandez, the man convicted in the death of Etan Patz, whose case changed the way the country approaches missing children.
Prosecutors said Friday they might appeal to the U.S. Supreme Court to try to restore a murder conviction in the 1979 disappearance of 6-year-old Etan Patz, a bewildering case that went without an arrest for decades.