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 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.”

This is a developing story. Please check back for updates.