UPDATE (Jan. 9, 2025, 10:21 a.m. ET): New York’s top state court on Thursday rejected a bid from Donald Trump to block his sentencing on Friday. He has another attempt pending in the U.S. Supreme Court on which the justices have not yet ruled.

Judge Juan Merchan rejected a motion from Donald Trump to dismiss the New York hush money case and set the president-elect’s sentencing for Jan. 10.

Merchan said Trump can appear virtually or in person for the sentencing and the judge said he is not inclined to sentence Trump to prison. The 34 counts of falsifying business records for which Trump was found guilty at trial do not mandate incarceration.

“Finding no legal impediment to sentencing and recognizing that Presidential immunity will likely attach once Defendant takes his Oath of Office, it is incumbent upon this Court to set this matter down for the imposition of sentence prior to January 20, 2025,” Merchan wrote, citing the date of Trump’s upcoming presidential inauguration.

“This Court must sentence Defendant within a reasonable time following verdict; and Defendant must be permitted to avail himself of every available appeal, a path he has made clear he intends to pursue but which only becomes fully available upon sentencing,” the judge wrote.

Merchan said a sentence of unconditional discharge “appears to be the most viable solution to ensure finality and allow Defendant to pursue his appellate options.” Under New York law, a sentence of unconditional discharge is one imposed without imprisonment, fine or probation.

In a statement to NBC News, Trump spokesperson Steven Cheung criticized Merchan’s order, stating in part, “There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead.”