NEW YORK (AP) — A lawyer for DMX plans to use music to convince a judge that his client deserves leniency for his tax evasion conviction.

Attorney Murray Richman said in a court document made public Monday that he wants to play a few DMX compositions at Thursday’s sentencing in Manhattan for the rapper also known as Earl Simmons.

He has been incarcerated since his bail was revoked in January by a judge who scolded him for failing to obey bail conditions. The 47-year-old DMX’s songs include the hit “X Gon’ Give it to Ya.”

Richman says DMX might be too emotional to speak Thursday so he plans to play his music so Judge Jed Rakoff may “understand him genuinely in his voice.”

Prosecutors call DMX’s crime brazen and seek a five-year prison sentence.

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