New York’s highest court has declined to block Donald Trump’s upcoming sentencing in his hush money case, leaving the U.S.

In their Thursday response to the defense’s Court of Appeals filing, Manhattan prosecutors claim Trump counsel is relying on federal procedure and federal cases that do not apply in a New York state criminal proceeding in their attempts to assert sentencing is precluded by presidential immunity.

Trump asked a New York appeals court to dismiss his hush money conviction, citing immunity and arguing sentencing before his inauguration violates the law.