Matt J. Maxson won't have to give blood.

At least, not yet.

Maxson, 18, of 117 High St., Lockport, is charged with two counts of murder in the second degree in connection with the stabbing death of Diana Cooper, 53, of 251 1/2 W. Second St., Fulton.

The first charge says that he knew what he was doing when he committed the crime.

The second charge says the suspect acted recklessly and with depraved indifference.

Prosecutors want a sample of the suspect's blood to assist them in their investigation.

Maxson's attorney, Salvadore Lanza, questioned the need for a blood sample.

Investigators don't know how many different types of blood were at the crime scene or on Maxson's clothes - or even if there is more than one type, Lanza pointed out.

Maxson had no lacerations or wounds and wasn't bleeding when arrested, Lanza continued.

"I believe this (blood sample) is premature," he said. "If no other blood is found, what's the purpose? There isn't any need for this."

Oswego County Court Judge Walter Hafner agreed with the defense lawyer's reasoning.

Chief Assistant District Attorney Donald Dodd plans to revise the request and resubmit it.

Maxson was returned to county jail following the hearing Friday morning.

He is being held on $500,000 cash bail or $1 million bond.