A New York judge ruled Monday that Donald Trump does not have immunity from his conviction on 34 felony counts in his hush money case.

Judge Juan Merchan concluded that the case did not stem from Trump’s official acts as president. Trump’s attorneys had sought to have the case dismissed based on a Supreme Court ruling last year.

The case centered on falsification of business records related to hush money payments made to porn star Stormy Daniels in 2016, before Trump became president.

Merchan wrote in his ruling that the evidence in the case “relate entirely to unofficial conduct and thus, receive no immunity protections.”

Trump’s attorneys argued that the conviction should be tossed because witness testimony and other evidence fell within the scope of immunity, citing the fact that former White House figures such as Hope Hicks testified.

But Merchan wrote that “even if this Court were to deem all of the contested evidence, both preserved and unpreserved, as official conduct falling within the outer perimeter of [Trump’s] presidential authority, it would still find that [prosecutors’] use of these acts as evidence of the decidedly personal acts of falsifying business records poses no danger of intrusion on the authority and function of the executive branch, a conclusion amply supported by non-motive related evidence.”

He wrote that even if the evidence was admitted in error, it was “harmless” to the case “in light of the overwhelming evidence of guilt.”

Trump has yet to be sentenced in the case. His lawyers also are arguing that his conviction should be tossed because of his recent victory in the presidential election. New York District Attorney Alvin Bragg opposes such a move, but has proposed some alternatives to the judge, including delaying sentencing until 2029, after the end of Trump’s next term.