A New York appellate court denied President-elect Donald Trump’s attempt to delay his sentencing in a criminal case tied to hush money payments. Issued Tuesday, the decision clears the way for sentencing to proceed this Friday— just ten days before Trump’s inauguration.
Associate Justice Ellen Gesmer of the Appellate Division ruled after hearing Trump’s appeal to halt the trial court’s decision. Trump’s lawyers sought the delay while appealing previous rulings upholding a Manhattan jury’s May conviction on 34 felony counts of falsifying business records.
Justice Juan Merchan, the trial judge, rejected Trump’s request on Monday, calling it a “repetition of arguments he has raised numerous times.” Merchan emphasized that he plans to impose a sentence of unconditional discharge, which would remove the conviction from Trump’s record without prison time, fines, or probation.
Legal Arguments Over Presidential Immunity
During Tuesday’s hearing, Gesmer pressed Trump attorney Todd Blanche on whether presidential immunity applies to a president-elect during the transition period.
“Do you have any support for the notion that presidential immunity extends to a president-elect?” Gesmer asked.
“There has never been a case like this before, so no,” Blanche admitted.
Blanche also speculated that Merchan might impose a prison sentence, contradicting the judge’s previous statements. Gesmer quickly dismissed the hypothetical.
“I don’t find that hypothetical very helpful,” Gesmer said, urging Blanche to focus on immunity-related arguments.
Steven Wu, representing Manhattan District Attorney Alvin Bragg’s office, countered Trump’s claims. Wu argued that Merchan had already minimized disruption to the presidential transition by scheduling sentencing before the inauguration, allowing Trump to appear virtually, and stating he would not impose prison time.
Wu also noted that Trump’s legal team repeatedly delayed the proceedings, pushing the sentencing from July to its current date.
“If he was concerned about this issue, he could’ve easily had this proceeding go forward in July or September,” Gesmer insisted.
After hearing arguments, Gesmer issued a one-line decision denying Trump’s application for a stay.
Trump Calls Judge “Crooked”
Before the hearing, Trump lashed out at Justice Merchan, accusing him of trying to disrupt the presidential transition.
“Remember, this is a man that said he wants the transition to be smooth,” Trump told reporters. “Well, you don’t do the kind of things [he’s doing]. You don’t have a judge working real hard to try and embarrass you, because I did nothing wrong.”
Hush Money Case Origins
The case stems from a $130,000 payment made by Trump’s former attorney, Michael Cohen, to adult film actress Stormy Daniels. The payment aimed to silence Daniels before the 2016 election about an alleged sexual encounter with Trump, which he denies.
Trump defeated Hillary Clinton in that election. He has since claimed the case, brought by Democrat Alvin Bragg, was politically motivated to harm Trump’s 2024 campaign. Bragg has maintained that his office routinely prosecutes felony falsification of business records cases.
The conviction marked Trump as the first US president—current or former—found guilty of a crime.
Failed Legal Challenges
Since the May verdict, Trump’s lawyers have been unable to have the case dismissed twice. They argued that the US Supreme Court’s ruling in another Trump case, which limits the prosecution of presidents for official acts, should apply here.
Merchan rejected this argument, stating the case pertains to Trump’s conduct.
After Trump’s November election victory, his lawyers insisted his conviction would hinder his ability to govern. Merchan dismissed the claim, writing that overturning the jury’s verdict would undermine the rule of law.
Looking Ahead
Despite the legal battles, Merchan’s decision signals the conclusion of a high-profile case. Trump faces no jail time, but the conviction will remain on his record.
As Friday’s sentencing approaches, Trump continues to argue his innocence, framing the case as nothing more than a political attack. “I did nothing wrong,” he insists—even as the courts reject his attempts to delay judgment.
