Justice Juan Merchan said the sentencing would proceed as Trump’s arguments against it “are for the most part, a repetition of the arguments he has raised numerous times in the past”.

In court filings, Trump’s attorneys had argued that they sought “a dismissal of this politically motivated prosecution that was flawed from the very beginning”. His legal team is seeking a hearing on the matter with the appellate court.

Trump was found guilty on 34 felony counts of falsifying business records in May, making him the first former president convicted of a crime.”Defendant’s motion for a stay of these proceedings, including the sentencing hearing scheduled for January 10, 2025, is hereby DENIED,” Justice Merchan wrote in his decision on Monday.

The charges stemmed from Trump’s attempt to disguise reimbursements for a $130,000 hush money payment to an adult film star as legal expenses.

Trump pleaded not guilty and denied any wrongdoing. His lawyers said that filing an appeal should halt the criminal proceedings in his New York case.

The sentencing had been delayed repeatedly by the 2024 presidential election and Trump’s attempt to have the case thrown out based on a claim of presidential immunity. Justice Merchan ultimately rejected the immunity argument in December.

On 3 January, Justice Merchan issued an order saying he would move ahead with the sentencing before Trump takes office on 20 January, but made clear he would not consider any custodial term.

He indicated he would instead issue a sentence of an “unconditional discharge”, which means no prison, fine or probation.Justice Merchan ordered Trump to appear virtually or in-person for the hearing.

Steven Cheung, spokesman for Trump’s presidential transition, reiterated his argument that the prosecution was unlawful.

He said in a statement: “The American People elected President Trump with an overwhelming mandate that demands an immediate end to the political weaponisation of our justice system and all of the remaining Witch Hunts.

“Trump’s team has not publicly commented on whether the president-elect will be in court this Friday.

But in its response on Monday afternoon to the request for a stay, the Manhattan district attorney’s office referred to the “defendant’s decision to appear for sentencing virtually instead of in person”.

The reference to a virtual hearing was repeated again several pages later.In the response, the district attorney asked the judge to deny Trump’s request for an immediate stay of his sentencing, and argued he would not be prejudiced by such a decision.

The weeks after the election featured a flurry of legal filings from both Manhattan District Attorney Alvin Bragg, who brought the case, and Trump’s legal team.

Bragg’s office had previously indicated that they would not oppose delaying Trump’s sentencing until after he finishes his term in office, four years from now.

But after Justice Merchan decided to move ahead with the sentencing, Bragg asked the judge to proceed with sentencing on Friday.

In his order last week, Justice Merchan wrote that “it is this court’s firm belief that only by bringing finality to this matter” would the legal quandaries at play be resolved.

However, the judge left the door open to further Trump legal challenges, writing that he “must be permitted to avail himself of every available appeal”.

In July, the country’s top court ruled that presidents have broad immunity from criminal prosecution for “official actions” they take while in office.

But on Monday, Manhattan Judge Juan Merchan – who presided over Trump’s trial this past spring – sided with prosecutors, saying the convictions on 34 felony counts centred on “unofficial conduct”.

The decision preserves Trump’s historic conviction which, if upheld, would make Trump the first felon to serve in the White House.

In his 41-page ruling, Justice Merchan pushed back on Trump’s argument that the government’s case relied on evidence related to his official work as president, which would be covered by immunity.

The evidence shown at trial pertained “entirely to unofficial conduct”, he wrote. And the judge noted that in its own ruling the Supreme Court had found that “not everything the president does is official”, even if done from the Oval Office.

In a statement to US media, Trump spokesman Steven Cheung criticised the ruling, calling it “a direct violation of the Supreme Court’s decision on immunity”.

“This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed,” Mr Cheung said.

In May, a New York jury found Trump guilty of falsifying business records.

The conviction stemmed from Trump’s attempt to cover up reimbursements to his ex-lawyer, Michael Cohen, who in 2016 paid off an adult film star to remain silent about an alleged sexual encounter with Trump.

Trump has denied all wrongdoing.

Justice Merchan had been scheduled to rule on the conviction on 12 November, but he postponed the decision, saying he wanted to hear from prosecutors on how to move forward with the case following Trump’s re-election.In the days since, Trump filed another motion to dismiss the case, arguing that his forthcoming return to the White House required the case to be tossed.

Now, following Justice Merchan’s ruling, Trump’s team is almost certain to seek further delays and appeals.

And the judge is still yet to decide whether to issue a sentence before Trump assumes office in January, after his term ends in 2029 or not at all.