New York’s top court on Jan. 9 denied President-elect Donald Trump’s request to halt the Jan. 10 sentencing for his conviction in 2024 on falsified business records.
When announcing the sentencing date, Merchan indicated that he would not issue fines, probation, or jail time. A Manhattan jury had found Trump guilty of falsifying business records in connection to payments he made during the 2016 campaign. Trump had pleaded not guilty and denied any wrongdoing.
In an emergency application, Trump’s lawyers asked the New York Court of Appeals to issue an “immediate stay” for the sentencing hearing and argued that the May trial violated the U.S. Supreme Court’s ruling in July that provided their client with broad immunity from prosecution for official acts he took as president. They also argued that the sentencing should be delayed while the appeals process plays out.
“As discussed herein, the commencement of appellate proceedings seeking interlocutory review of these claims of Presidential immunity immediately causes an automatic stay of proceedings in the Supreme Court under Trump v. United States and related case law,” Trump’s attorneys wrote. “This appellate proceeding should result in a dismissal of this politically motivated prosecution that was flawed from the very beginning, centered around the wrongful actions and false claims of a disgraced, disbarred serial-liar former attorney, violated President Trump’s due process rights, and had no merit.”
His attorneys further contended that the court’s decision to “set sentencing for January 10, 2025, mere days before President Trump’s inauguration to serve a second term as President of the United States, threatens irreparable harm and deprivation of President Trump’s constitutional rights.”
Trump is scheduled to be sworn in as president on Jan. 20.
“While this Court as a matter of law must not make any determination on sentencing prior to giving the parties and Defendant an opportunity to be heard, it seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration, a sentence authorized by the conviction but one the People concede they no longer view as a practicable recommendation,” Merchan wrote.
The Manhattan District Attorney’s Office, which brought the case against the president-elect, said this week in a court filing that it opposes Trump’s bid to halt the sentencing proceedings.
The filing stated that, upon his inauguration, Trump would become “completely immune from all criminal” proceedings and that “the doctrine of sitting-President immunity shields him from criminal process during the brief but crucial period of Presidential transition, while he engages in the extraordinarily demanding task of preparing to assume” power over the executive branch.
Trump had faced a total of four criminal cases in four separate jurisdictions. Two federal cases brought by special counsel Jack Smith were dropped in the aftermath of Trump’s 2024 election win, while a case brought in Georgia has effectively been put in limbo after a state court dismissed the district attorney, Fani Willis, amid allegations of impropriety.
