A New York judge ruled on Monday against US President-elect Donald Trump’s attempt to have his conviction for covering up hush money payments to a porn star dismissed on immunity grounds. Judge Juan Merchan stated that a Supreme Court decision granting broad immunity to presidents for official acts did not apply in this case, as the testimony at trial related to “entirely unofficial conduct” that was not entitled to immunity protections.

This ruling increases the likelihood that Trump could become the first president to enter the White House with a felony conviction, pending his appeal of the jury’s verdict.

Trump has consistently opposed the criminal charges, which stem from his payment to the porn star for her silence and the subsequent cover-up of the payments to influence the 2016 election.

The judge overseeing this case, the only criminal trial against Trump to date, had previously postponed his sentencing indefinitely on November 22, following Trump’s victory in the November 5 presidential election.

Trump’s legal team had referenced a landmark July Supreme Court ruling that grants US presidents immunity for official acts committed while in office as their basis for seeking the dismissal of the conviction. However, prosecutors argued that Trump’s request went far beyond what was necessary to protect the office of the president.