Trump’s legal team told the Appellate Division of the New York Supreme Court the case should be thrown out entirely, a sign that Trump is taking the U.S. Supreme Court‘s presidential immunity ruling in Trump v. United States to its farthest-reaching limits.

“Justice Merchan is without authority under the law to proceed to sentencing while President Trump exercises his federal constitutional right to challenge these rulings, and the erroneous jury verdict in the underlying criminal case must be vacated and the charges against President Trump must be dismissed with prejudice, without further delay,” Trump attorneys Todd Blanche and Emil Bove wrote in a 38-page filing.

The request by Trump, filed on Monday and made public on the court’s docket Tuesday, follows Monday’s ruling by New York Judge Juan Merchan, who denied a similar bid to delay sentencing.

Merchan on Monday upheld the Manhattan jury’s May 2024 conviction of Trump on 34 felony counts of falsifying business records and kept sentencing on track for Friday. He described Trump’s latest arguments as “a repetition of the arguments he has raised numerous times in the past.”

Trump’s lawyers contend that Merchan’s decision to sentence him to an unconditional discharge, a penalty with no jail time, fine, or probation, does not mitigate their concerns.

“Presidential immunity violations are unwaivable ‘mode of proceedings’ errors because they result in institutional harms to the structure of the federal government,” they argued in their filing.

The defense attorneys, both of whom have been tapped for top spots in Trump’s Justice Department, put forth one of their most robust arguments that Trump’s six-week trial and the grand jury that preceded it were rife with presidential immunity violations, listing more than 49 different examples in which the case relied on testimony or evidence from Trump’s first term that they believe should result in the case’s dismissal.

The Supreme Court “held that immunity issues ‘must be addressed at the outset of a proceeding,’” Trump’s attorneys argued.

However, Merchan has previously stated that the $130,000 reimbursement at the core of the case came before Trump was ever president and has signaled that the U.S. Supreme Court’s ruling was inconsequential to the Manhattan jury’s findings.

The charges against Trump stem from a $130,000 payment made by his former attorney, Michael Cohen, to adult film actress Stormy Daniels to silence her allegations of a sexual encounter with Trump before the 2016 election. Trump, who denies the affair, has claimed the case was politically motivated by Manhattan District Attorney Alvin Bragg, a Democrat.

Activity on the docket in New York has been a dizzying experience ever since Merchan’s unexpected ruling last week to hold the sentencing 10 days before Trump’s Jan. 20 inauguration. The judge noted it was his inclination “to not impose any sentence of incarceration.”

Some legal experts have suggested Trump is taking every opportunity to appeal Merchan’s decision now, even if they are futile, in an effort to run out the clock before Trump becomes president again.

The case also marks the first time a U.S. president, sitting or former, has been charged and found guilty of a crime.

If Trump is sentenced, it will cement his status as the first president to have a felony crime on his record, which his attorneys say would inflict “irreparable harm” upon him.

“By allowing these criminal proceedings to continue forward in violation of President Trump’s constitutional right to Presidential immunity, including both Presidential official-acts immunity and absolute sitting-President immunity, Justice Merchan’s Decision and Order inflicts irreparable harm upon President Trump,” the defense’s filing reads.

Following his sentencing, Trump can begin his official appeal of the jury’s findings at least once before reaching the Empire State’s top court.