BANGOR, Maine (AP) A man who’s serving a 40-year sentence for killing his wife is citing Maine’s COVID-19 restrictions in his appeal.

Noah Gaston, of Windham, contends his constitutional right to confront parties applies to sentencings in addition to trials, and that there would have been no harm in delaying the sentencing, the Bangor Daily News reported.

Gaston acknowledged killing his wife, Alicia, with a shotgun blast in 2016, but maintained that he thought she was an intruder.

Assistant Attorney General Donald Macomber, the state prosecutor who is handling the appeal, said the judge properly followed pandemic guidelines and did not violate Gaston’s rights.

The prosecution allowed the victim’s family and friends to testify by video at the sentencing last June while Gaston’s family and friends viewed the proceedings from a separate room at the courthouse to allow for social distancing during he pandemic.

In his appeal, Gaston also contends the sentence was too long and that the judge wrongly concluded his waived his right to religious privilege when he told a third party about conversations with church members.

The church members, who picked Gaston up at the local police station after his wife died, said he told them he saw a figure he thought was an intruder before he fired. But he also told them that was the only story he could tell if he wanted to see his kids again, according to the police affidavit.