ALBANY, N.Y. (NEWS10) – Nauman Hussain, the man convicted in the Schoharie limousine crash that killed 20 people, will remain in prison while he appeals his conviction. Hussain’s attorney argued there is no flight risk when asking for bail on Friday.

Hussain was not present at the New York Supreme Court Appellate Division but his attorney Steven Sharp argued in front of Associate Justice John Egan Jr. saying Hussain has made every court appearance for the last four and a half years.

“In this case I am not, and I repeat not, confident that if the defendant were to be released on bail he would, in fact, return to court in the future and for that reason, I will deny the application,” said Egan. 

Sharp argued Hussain has abided by the interim probation, never fled when he was out on bail before and had no additional arrests while out. 

“I understand that the defendant appeared for his trial after having been released on bail. This was when he was presumed to be innocent by our constitution,” said Egan.

In May, Hussain was found guilty by a jury in Schoharie County on 20 counts of second-degree manslaughter. He was sentenced to five to 15 years at Elmira Correctional Facility, a maximum security state prison.

Egan said that guilty finding warranted bail denial. Schoharie County District Attorney Susan Mallery was pleased with the court’s decision.

“I am relieved that the judge looked at all the facts in this case and concluded that Nauman Hussain had a potential for flight and that the court, knowing that his presumption of innocence has been removed, continues to have him incarcerated,” said Mallery.

Mallery says their investigation found that Hussain was born in Pakistan and has dual citizenship.

“It has been our concern that he has access to obtaining a Pakistan passport and we’ve always been concerned that he would exit the country,” said Mallery.

She said the case has been emotionally taxing on the family members of the victims and believes Friday’s ruling will bring them some relief.

“It has just been an emotional roller coaster for them. This is part of the procedure and he had an absolute right to file for bail but I am sure and confident they are relieved that the judge has kept him in jail,” said Mallery.

Hussain’s legal team did not want to talk on camera but Sharp told the judge they are working on perfecting their appeal and are expected to submit it by the end of the year.