(NEW YORK) — Prosecutors in New York are taking no position on former President Donald Trump’s request to delay sentencing of his “hush money” conviction until after the November election.

Instead, the Manhattan district attorney’s office said in a letter Monday it would defer to Judge Juan Merchan.

Trump is currently scheduled to be sentenced Sept. 18 after a jury convicted him of all 34 felony counts of falsifying business records related to a hush payment to porn actress Stormy Daniels.

Trump had originally been scheduled to be sentenced on July 11, but Merchan said last month he would rule on Trump’s immunity claim on Sept. 16 and impose sentencing two days later.

Trump has argued the recent Supreme Court ruling on presidential immunity should render some evidence inadmissible and, therefore, throw out the conviction.

Prosecutors said they would leave it to the judge to decide whether Trump should be allowed to exhaust his appeals prior to sentencing.

“The People are prepared to appear for sentencing on any future date the Court sets,” the letter said. “The People are also mindful that significant public safety and logistical steps by multiple agencies are necessary to prepare for court appearances in this matter.”

In asking for a delay last week, Trump’s lawyers questioned whether sentencing should take place after the start of early voting, arguing that the timing harms the integrity of the proceedings.

“Finally, setting aside naked election-interference objectives, there is no valid countervailing reason for the Court to keep the current sentencing date on the calendar. There is no basis for continuing to rush,” defense lawyers wrote.

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