FORT LAUDERDALE, Fla. (AP) — Prosecutors have appealed a judge’s ruling throwing out video evidence that allegedly shows New England Patriots owner Robert Kraft paying for sex at a Florida massage parlor.

The state attorney general’s office filed the appeal late Tuesday, just before a deadline that would have seen the misdemeanor charge likely dropped. Prosecutors told the Florida appeals court that a county judge made several errors in throwing out the video recording.

They said the warrant allowing hidden cameras at the Orchids of Asia day spa was legal, and even if it wasn’t, the judge went too far in suppressing the video.

The 78-year-old Kraft was charged in February after police said he was twice recorded paying for sex.

His lawyers’ spokesman did not immediately return a call and email seeking comment.

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