FALL RIVER, Mass. (AP) – The embattled mayor of Fall River, Massachusetts has won a legal battle in his effort to stay in office.

A judge Thursday denied the City Council’s request for an order that would temporarily oust Mayor Jasiel Correia from office.

The council voted last month to remove Correia, who has pleaded not guilty to federal extortion and fraud charges.

The judge ruled the city charter allows the council to remove a mayor who has been convicted of a felony, but not a mayor who has only been charged with one.

Correia told The Herald News he was “glad to see the judge and court ruled in my favor.”

Council Vice President Pam Laliberte-Lebeau called the judge’s decision disappointing.

Correia faces school committee member Paul Coogan in the Nov. 5 general election.