In the first day of Bill Cosby’s appeal, his lawyers argued why the comedian should have his sexual assault conviction overturned.

Cosby, who is serving three to 10 years in prison for the drugging and sexual assault of Andrea Constand, was convicted on three charges of aggravated indecent assault.

During the hearing, Cosby’s lawyers argued that the testimony of five women other than Constand should not have been permitted in his trial, The New York Times reported. The women allege that Cosby drugged and sexually assaulted them as well.

The prosecution maintained the women’s testimony was necessary to prove that Cosby had a number of “prior bad acts” that were in line with the testimony in Constand’s case, according to the news outlet.

Cosby’s lawyers reportedly argued that the women’s testimony’s hurt his innocence and were not similar to Constand’s case, contending that the women’s experiences were “different across the board.”

Pennsylvania Judge John Bender disagreed, saying that the women’s testimony did support the prosecution’s argument of “prior bad acts” in the way that they were treated, saying during the hearings, “He gives them drugs, then he has sex with them. That’s the pattern, is it not?”

The five women’s testimony has been a contention for the Cosby camp. During his first trial, the other women were not allowed to testify, resulting in a hung jury in the case. The second trial allowed for five out of 19 women to testify.

Cosby was not present for the appeal hearing.