On Tuesday, a New York appellate court declined President-elect Donald Trump’s request to delay the sentencing scheduled for his conviction on criminal charges linked to hush money payments to a porn star.
Associate Justice Ellen Gesmer of the Appellate Division presided over the case, responding to Trump’s last-minute effort to obstruct the trial judge’s decision to proceed with the sentencing set for Friday just 10 days before Trump is sworn into office.
Justice Juan Merchan had previously dismissed a plea from Trump’s legal team to postpone the sentencing while appealing two prior rulings that supported the Manhattan jury’s May verdict. The jury found Trump guilty on 34 felony counts of falsifying business records, which Merchan noted Trump’s delay request largely rehashed previously rejected arguments.
BREAKING: Judge Merchan just DENIED Donald Trump’s request to postpone his sentencing which is set to take place on Friday. Thank you, Judge Merchan, for standing up for the rule of law. pic.twitter.com/CQUJ0W3DJg
— Harry Sisson (@harryjsisson) January 6, 2025
Merchan has proposed that the most practical sentence for Trump would be unconditional discharge, imposing a judgment of guilt on his record without imposing a fine or probation. He expressed reluctance to incarcerate Trump, considering his imminent presidential duties.
During Tuesday’s half-hour hearing in Manhattan, Gesmer challenged Trump’s lawyer, Todd Blanche, on his claim that presidential immunity should extend to the president-elect period. Blanche admitted the unprecedented nature of the case by stating, “There has never been a case like this before, so no.”
BREAKING: A judge has denied Donald Trump's request to halt sentencing in the hush money casehttps://t.co/5GzaEx8qbe
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Furthermore, the state’s attorney, Steven Wu, argued that the judge had already mitigated potential conflicts with presidential duties by scheduling the sentencing before the inauguration and allowing Trump to appear virtually, with no intention of imposing a prison sentence.
Wu highlighted the irony in Trump’s complaints about the timing of the sentencing, emphasizing that Trump had requested multiple postponements since the initial July date.
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Following the hearing, Gesmer swiftly denied Trump’s request for a stay in a concise written decision, underscoring a commitment to proceed without further delay.
Read: Trump Faces No Jail Time in Hush Money Case Sentencing on January 10
Trump has criticized the proceedings, blaming political motives for the case brought against him by Manhattan District Attorney Alvin Bragg and labelling Justice Merchan as a “crooked judge.” He insists on his innocence in the hush money case, which involved a $130,000 payment made by his former lawyer, Michael Cohen, to Stormy Daniels before the 2016 election—a claim Trump vehemently denies.