New York’s highest court rejected President-elect Donald Trump’s request to halt his sentencing in a high-profile criminal case scheduled for Friday morning. The New York Court of Appeals declined to intervene, and the U.S. Supreme Court has yet to decide on Trump’s emergency appeal.
Judge Juan Merchan presided over the trial and set Trump’s sentencing for 10 a.m. Friday. Trump’s legal team sought to delay the proceeding, arguing that his responsibilities as President-elect warranted postponement. However, the New York Court of Appeals dismissed the request without a hearing.
In a brief order, the appellate court stated, “Your proposed order to show cause was reviewed by Judge Rivera, who declined to sign the order. As a result of the Judge’s determination, no motion is pending in the above title at the Court of Appeals.”
The Manhattan District Attorney’s Office, led by Alvin Bragg, filed a response Thursday morning to Trump’s application to the Supreme Court. Bragg’s filing emphasized the public interest in proceeding with the sentencing, arguing that extraordinary accommodations had been made, including allowing Trump to appear virtually.
“There is a compelling public interest in proceeding to sentencing,” Bragg wrote. “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.”
Trump was convicted in May by a Manhattan jury on 34 felony counts of falsifying business records related to a nondisclosure agreement with adult film star Stormy Daniels. Prosecutors argued that Trump falsified records to conceal illegal campaign contributions.
Merchan has indicated he will not impose jail time on Trump but will issue an unconditional discharge, which carries no further punishment or probation. Trump is permitted to attend the hearing virtually.
The jury’s instructions during the trial did not require unanimity on which underlying crime Trump allegedly intended to conceal through the falsified records, a point Trump’s attorneys have raised in their appeals.
Trump’s legal team filed an emergency application with the U.S. Supreme Court on Wednesday, arguing that the trial court lacks the authority to impose sentencing while Trump’s appeal on presidential immunity is unresolved.
“The 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,” the filing stated.
Justice Sonia Sotomayor, who oversees emergency applications from New York, requested Bragg’s response but has not yet issued a decision.
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