President-elect Trump’s attempt to overturn his conviction in the New York hush money case was rejected Friday.

New York Judge Juan Merchan rejected Trump’s request to overturn the ruling in the case based on the Supreme Court’s immunity ruling.

Sentencing is scheduled for January 10 at 9:30 a.m., with the president-elect having the option to appear in person or virtually. But Merchan said he would not sentence the president-elect to prison.

Merchan wrote in his decision that he would likely not impose a “sentence of incarceration,” but rather an “unconditional release,” meaning no penalty will be imposed.

Trump will be sworn in as the 47th President of the United States on January 20th.

ATLANTA, GEORGIA – OCTOBER 15: Republican presidential candidate and former U.S. President Donald Trump delivers a speech during a campaign rally at the Cobb Energy Performing Arts Center on October 15, 2024 in Atlanta, Georgia. With early voting starting today in Georgia, both Trump and Democratic presidential candidate Kamala Harris are campaigning in the Atlanta area this week as polls show a tight race. (Kevin Dietsch/Getty Images)

TRUMP CLAIM DEMS COULD TRY TO HINDER CONFIRMATION HEARINGS FOR HIS NOMINATES

Merchan noted that he is still reviewing Trump’s other motions to dismiss the case.

He also rejected prosecutors’ proposal to uphold the verdict but dismiss the case, saying it would deny Trump’s right to an appeal.

“Today’s order by the deeply controversial Acting Judge Merchan on the Manhattan DA Witch Hunt is a direct violation of the Supreme Court’s immunity decision and other longstanding case law,” Trump spokesman and incoming White House communications director Steven Cheung told Fox News Digital . “This unlawful lawsuit should never have been brought and the Constitution requires that it be dismissed immediately. “President Trump must be allowed to continue the presidential transition process and carry out the vital duties of the presidency unhindered by the remnants of this or any remnant of the witch hunts.”

Cheung added: “There should be no condemnation, and President Trump will fight these hoaxes until they are all dead.”

Last month, Merchan also rejected Trump lawyers’ request to dismiss the charges on the grounds Presidential immunity.

The ruling comes after President-elect Trump and his team in July called on Merchan to overturn his conviction in the New York v. Trump case, citing the U.S. Supreme Court’s ruling that presidents enjoy immunity for official acts.

US appeals court upholds Trump ruling in E. Jean Carroll defamation case

Merchan ruled that the evidence presented at trial “was entirely the result of unofficial conduct and therefore does not enjoy immunity.”

Trump pleaded not guilty to 34 counts of first-degree falsifying business records stemming from the Manhattan district attorney’s office’s years-long investigation into alleged hush-money payments. Former Manhattan District Attorney Cyrus Vance opened the investigation, and Bragg filed charges against Trump.

After an unprecedented six-week trial in New York City, a jury found the president guilty on all counts.

The US Supreme Court ruled that a former president enjoys significant immunity for official acts committed while in office.

In the July formal motion, Trump attorney Todd Blanche pointed to the Supreme Court’s immunity ruling and argued that certain evidence of “official actions” should not have been admitted during the trial.

Trump’s lawyers formally requested the “immediate” dismissal of charges against the president-elect last month New York against Trump, declaring that the “failed litigation” case “should never have been brought.”

TRUMP ASKS NEW YORK JUDGE TO OVERTURN GUILTY VERDICT, CHARGE AFTER SCOTUS IMMUNITY RULING

Trump lawyers said the case “would never have been initiated were it not for President Trump’s political views, the transformative national movement established under his leadership, and the political threat he posed to entrenched, corrupt politicians in Washington, D.C. and beyond.” represents.”

Trump lawyers said that “the wrongful continuation of proceedings in this failed legal case disrupts President Trump’s transition efforts and his preparations to exercise the full Article II executive power enshrined in the Constitution pursuant to the overwhelming national mandate given to him on November 5th.” granted by the American people in 2024.”

In November, Bragg asked Judge Juan Merchan to stay the case until the end of Trump’s second term, but Trump’s lawyers noted that the Office of Legal Counsel at the Justice Department had concluded that “the categorical prohibition on federal indictments in a federal case.” “Meeting” would be president…even if the case were rested…applies to this situation.”

CLICK HERE TO GET THE FOX NEWS APP

They added that Bragg’s “ridiculous suggestion that they could simply reopen the case after President Trump leaves office, more than a decade after they began their investigation in 2018, is not an option.”