A New York judge has rejected Donald Trump’s attempt to have his hush money conviction dismissed.

A New York judge has upheld Donald Trump’s hush money conviction, rejecting the former president’s argument that it should be dismissed following a significant immunity ruling by the US Supreme Court.

In July, the Supreme Court ruled that presidents have broad immunity from criminal prosecution for “official actions” taken while in office. However, on Monday, Manhattan Judge Juan Merchan, who oversaw Trump’s trial earlier this year, sided with prosecutors, ruling that the 34 felony convictions were based on “unofficial conduct.”

This decision maintains Trump’s historic conviction, which, if upheld, would make him the first convicted felon to serve in the White House. In his 41-page ruling, Judge Merchan disagreed with Trump’s claim that the case relied on evidence linked to his official duties as president, which would be covered by immunity. The judge emphasized that the evidence presented at trial related entirely to “unofficial conduct” and noted that the Supreme Court had found that not all actions by a president are considered official, even if taken from the Oval Office.

Trump’s spokesperson, Steven Cheung, criticized the ruling in a statement, claiming it violated the Supreme Court’s immunity decision. “This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed,” Cheung said.

In May, a New York jury convicted Trump of falsifying business records. The conviction stemmed from his efforts to cover up reimbursements to his former lawyer, Michael Cohen, who paid an adult film star in 2016 to keep quiet about an alleged sexual encounter with Trump. Trump has denied any wrongdoing.

Judge Merchan was initially set to rule on the conviction in November but delayed his decision to hear from prosecutors about how to proceed following Trump’s re-election. Afterward, Trump filed another motion to dismiss the case, arguing that his potential return to the White House required the case to be dropped.

With Judge Merchan’s ruling now in place, Trump’s legal team is expected to seek further delays and appeals. The judge has yet to decide whether to issue a sentence before Trump resumes office in January or if it will be postponed until after his term ends in 2029.