State Senator Malcolm Smith wants to delay his trial on corruption charges until his re-election race is over.
The Queens Democrat's attorney asked a federal judge to wait until this year's primary date is set, then schedule the trial afterward.
He said Smith should run for office "unfettered."
The prosecution, however, says that voters would be better served with a verdict before the election.
The Legislature is considering when to hold this year's primaries.
Smith and three co-defendants have pleaded not guilty in connection with a scheme to buy a spot for the state senator on the city's mayoral ballot.