New York’s highest court on Thursday denied President-elect Trump’s motion to postpone his sentencing for his hush money conviction, which is scheduled for Friday morning.
The New York Court of Appeals’ chief clerk informed Trump’s attorneys in a brief notice that Judge Jenny Rivera had refused to issue an order halting the sentencing, as Trump continues to appeal the case and argues he is immune from prosecution, seeking the dismissal of charges.
“As a result of the Judge’s determination, no motion is pending in the above title at the Court of Appeals,” the clerk wrote.
Trump has been attempting to block his sentencing on 34 felony counts of falsifying business records ever since Judge Juan Merchan scheduled it late last week. Despite indications from the judge that Trump is unlikely to face prison time, the president-elect has pursued legal action to delay the sentencing.
While Trump’s legal team has a pending petition before the U.S. Supreme Court, his efforts have failed at all levels of New York’s state court system.
Judge Merchan had previously rejected Trump’s claim that his election victory should stop the case, ruling that sentencing could proceed despite Trump’s imminent inauguration.
On Tuesday, New York’s midlevel appeals court, led by Judge Ellen Gesmer, also denied Trump’s emergency petition to delay the sentencing.
Trump’s hopes now rest with the U.S. Supreme Court. His emergency application was submitted on Wednesday and is now with Justice Sonia Sotomayor, who handles appeals from New York. Sotomayor can either decide on the petition herself or refer it to the full court for a vote.
Trump’s attorneys argued that requiring him to prepare for sentencing while also preparing to take office imposes an unconstitutional burden, undermining national interests.
Manhattan District Attorney Alvin Bragg responded Thursday morning, urging the Supreme Court to reject Trump’s claims. Bragg’s office emphasized the public interest in moving forward with sentencing, noting that the trial court had already taken steps to ease any burden on Trump by announcing plans to sentence him to an unconditional discharge. Bragg also pointed out that Trump had not provided evidence that attending a short sentencing hearing would interfere with his duties as president-elect.
