The retrial of 6-year-old Etan Patz’s accused killer will be pushed back six months after the defense lawyer injured his back, a judge ruled Monday in court.

Attorney Harvey Fishbein asked for the lengthy adjournment in the 36-year-old murder case against Pedro Hernandez to address a lower back ailment that he was hopeful could be treated without surgery.

But prosecutor Joel Seidemann said he was “flummoxed” to learn that Fishbein wanted the significant delay when he might not even need an operation.

“I’m satisfied that this is a true medical issue,” said Justice Maxwell Wiley who granted the defense request to delay the trial to early September.

It had been slated to begin March 21st.

The first trial ended in a hung jury last Spring after jurors deadlocked 11 to 1 for conviction.

Little Etan vanished from a Soho street the first time he was allowed to walk alone to the school bus stop on May 25, 1979.