A New York appeals court judge on Tuesday denied President-elect Donald Trump’s request to delay his sentencing in the hush-money case scheduled for this week.

Trump is set to be sentenced on Friday after a New York jury convicted him in May on 34 counts of falsifying business records to conceal a payment made to porn star Stormy Daniels.

His legal team had argued that the sentencing should be postponed while Trump appeals his conviction.

They also contended that the immunity from prosecution typically granted to sitting presidents should extend to a president-elect. Judge Ellen Gesmer dismissed these claims, stating that after reviewing the case and hearing arguments, she would not grant a temporary stay.

Trump, who is due to be inaugurated on January 20, can appeal Gesmer’s decision to the full appellate court and potentially to the U.S. Supreme Court.

Judge Juan Merchan, who oversaw the hush-money trial, has allowed Trump to attend the sentencing either in person or virtually.

Merchan has indicated he is unlikely to impose jail time on the former president, though Trump’s legal team had raised concerns over the potential for incarceration.

READ ALSO : Donald Trump faces fresh indictment in Capitol invasion case

In a press conference on Tuesday, Trump criticized Merchan, calling him a “crooked judge” and complained about a gag order issued in the case.

Trump was convicted of falsifying business records to cover up the $130,000 payment to Daniels made just before the 2016 election to prevent her from disclosing an alleged affair from 2006. On Monday, Trump was formally certified as the winner of the 2024 presidential election, four years after his supporters stormed the U.S. Capitol in an attempt to overturn the 2020 result.

Trump’s legal team had sought to dismiss the case on multiple grounds, including the argument that a landmark Supreme Court ruling last year granted former presidents sweeping immunity for actions taken during their time in office.

However, Judge Merchan rejected these motions in an 18-page decision last week, stating that Trump would only be immune from prosecution once he is sworn in as president.

Merchan also indicated he was leaning toward granting Trump an unconditional discharge, meaning he would avoid both jail time and any conditions. However, this would still result in Trump entering the White House as a convicted felon.

Trump, 78, could have faced up to four years in prison, but legal experts had previously suggested that incarceration was unlikely, even before Trump won the 2024 election.

Reported by BBC