The judge in Donald Trump’s New York criminal hush money case will decide on Tuesday whether to dismiss Trump’s conviction in light of the U.S. Supreme Court’s recent ruling on presidential immunity.

In May, a jury convicted Trump on 34 felony counts of falsifying business records related to a $130,000 hush money payment to adult film actress Stormy Daniels to suppress allegations of a 2006 encounter, aimed at bolstering Trump’s 2016 electoral prospects.

If Judge Juan Merchan upholds the conviction, sentencing is set for November 26, just under two months before Trump’s inauguration.

Although the payment occurred before Trump assumed office, he claims prosecutors improperly used evidence related to official acts he performed as president, which the Supreme Court ruled in July are protected by presidential immunity.

Prosecutors counter that the case involves “entirely personal” actions with “no connection to any official presidential duty.”