Bill Cosby is fighting to get out of prison after three years inside.
Lawyers for Cosby appealed for a new sexual assault trial on Tuesday.
Cosby was convicted of drugging and sexually assaulting Andrea Constand during a 2004 encounter.
The lawyers claim the conviction was "fundamentally unfair."
In the case the judge allowed Cosby's deposition from a civil lawsuit to be considered.
Lawyers for Cosby say he believed he had immunity from prosecution in the case when he gave the deposition.