A New York appeals court judge on Tuesday denied President-elect Donald Trump’s bid to cancel his upcoming sentencing regarding his conviction in Manhattan District Attorney Alvin Bragg’s case against him.
The president-elect’s legal team attempted to cancel his upcoming sentencing scheduled for Friday in a Monday filing after Judge Juan Merchan rejected his attempts to get the case dismissed and to have the sentencing date postponed. Associate Justice Ellen Gesmer wrote in a one-page decision that Trump’s request for a stay on the sentencing is “denied.”
“After consideration of the papers submitted and the extensive oral argument, movant’s application for an interim stay is denied,” Gesmer wrote.
JUST IN: Trump effort to block Jan. 10 sentencing *denied* by NY appeals court. pic.twitter.com/x8AboUkOdr
— Kyle Cheney (@kyledcheney) January 7, 2025
Trump has attempted to get his 34-count conviction in May overturned after he won the 2024 election, arguing that the Supreme Court’s ruling in July that presidents have immunity from official acts required his conviction to be dropped. Merchan ruled in a Dec. 16 decision that presidential immunity did not apply in this specific case and ordered Trump on Jan. 3 to appear either in-person or virtually for his sentencing scheduled ten days before the inauguration.
A Manhattan jury convicted Trump on all counts in May of falsifying business records to cover up a $130,000 nondisclosure agreement to former porn actress Stormy Daniels, who alleged that the two had an affair in 2006.
The president-elect’s legal team argued in a Monday court filing that Merchan should delay the sentencing hearing and halt all case deadlines until Trump’s appeals regarding presidential immunity are “fully and finally resolved.” His legal team further argued that the charges were baseless and should never have been filed.
Merchan hinted that he would issue an “unconditional discharge” at the upcoming sentencing, which would spare Trump from serving any jail or probation time, and from paying a fine. The sentencing would formalize Trump’s status as a convicted felon.
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