Merchan rejected Trump’s request to throw out his conviction based on the Supreme Court’s ruling giving ex-presidents immunity from criminal prosecution based on any of their “official acts” in office, which still allows criminal charges involving anything outside the scope of their official duties.

Trump was convicted based on payments he made reimbursing ex-attorney Michael Cohen for a hush money payment to adult film star Stormy Daniels—which Cohen paid before the 2016 election, before Trump took office—but argued the conviction should be thrown out because prosecutors used evidence from his presidency that would be covered by the Supreme Court’s ruling.

The Manhattan District Attorney’s office, which brought the case, argued the conviction should stand, alleging the evidence did not concern Trump’s official duties and even if it was excluded, prosecutors’ case against Trump would still be strong enough to find him guilty without it.

Merchan ruled the evidence—namely testimony from Trump staffers who worked with him at the White House—was not covered by the immunity ruling, CNN reports, with the judge writing the testimony only concerned “unofficial conduct entitled to no immunity protections.”

Trump’s transition team has not yet responded to a request for comment.