Legal/Law/Criminal Justice and Reform

New York Court Of Appeals Declines To Stop Trump’s Sentencing

Former U.S. President Donald Trump talks to reporters at New York State Supreme Court in New York, U.S. May 21, 2024. Justin Lane/Pool via REUTERS

New York’s highest state court declined Thursday to block President-elect Donald Trump’s sentencing.

Judge Juan Merchan scheduled Trump’s sentencing for his New York case to take place on Friday morning, a decision Trump asked both the New York Court of Appeals and the Supreme Court to block.

“Your proposed order to show cause was reviewed by Judge Rivera, who declined to sign the order,” the order states. “As a result of the Judge’s determination, no motion is pending in the above title at the Court of Appeals.”

BREAKING: NY Court of Appeals denies Trump’s request to halt sentencing in New York criminal case. pic.twitter.com/OyEnIJzZdr

— Anna Bower (@AnnaBower) January 9, 2025

The Supreme Court has yet to decide whether it will allow Trump’s sentencing to move forward.

At Justice Sonia Sotomayor’s request, Manhattan District Attorney Alvin Bragg filed a brief Thursday morning opposing Trump’s application.

“There is a compelling public interest in proceeding to sentencing; the trial court has taken extraordinary steps to minimize any burdens on defendant, including by announcing his intent to sentence defendant to an unconditional discharge; and defendant has provided no record support for his claim that his duties as President-elect foreclose him from virtually attending a sentencing that will likely take no more than an hour,” Bragg’s filing states.

Merchan indicated last week that he would not impose a jail sentence but would issue Trump an unconditional discharge. He ruled that Trump can appear virtually to the 10 a.m. hearing.

In May, a Manhattan jury convicted Trump on 34 felony counts for falsifying business records related to a nondisclosure agreement with porn star Stormy Daniels. Merchan’s jury instructions did not require jurors to agree on which underlying crime prosecutors alleged Trump falsified records to conceal.

“[T]he New York trial court lacks authority to impose sentence and judgment on President Trump—or conduct any further criminal proceedings against him—until the resolution of his underlying appeal raising substantial claims of Presidential immunity, including by review in this Court if necessary,” Trump’s attorneys wrote in his emergency application to the Supreme Court on Wednesday.