President-elect Donald Trump is set to be sentenced this Friday, January 10, in New York for 34 felony convictions of falsifying business records, despite his attempts to delay the proceedings until after his January 20 inauguration. On Tuesday, Justice Ellen Gesmer of the First Judicial Department’s Appellate Division denied Trump’s motion to postpone the sentencing.
Trump’s legal team aimed to push the date beyond his inauguration, arguing that sentencing a sitting president could interfere with his duties as commander-in-chief. However, Gesmer’s decision keeps the original schedule intact, forcing Trump to appeal to the New York Court of Appeals, the state’s highest court.
The court could either deny the appeal outright or allow the sentencing to proceed by not ruling before January 10. If the appeal is unsuccessful, Trump’s last hope would rest with the U.S. Supreme Court. Former assistant U.S. attorney Mitchell Epner explained on Bluesky that New York law allows cases to proceed even if the defendant refuses to attend.
BREAKING: Justice Ellen Gesmer denies Trump's request to halt his sentencing this Friday.
— Anna Bower (@annabower.bsky.social) January 7, 2025 at 11:36 PM
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“Once the sentence of ‘unconditional release’ is imposed, it will be up to Trump whether to pursue an appeal of the underlying 34 felony convictions during his presidency,” Epner wrote. While Trump may attempt a federal appeal, experts doubt his chances of success. The 2nd Circuit Court of Appeals falls under the jurisdiction of Supreme Court Justice Sonia Sotomayor, who is unlikely to side with Trump given her judicial record and appointment by President Obama.
The sentence, expected to be one of “unconditional release,” means Trump would avoid jail time or fines, despite facing a maximum potential sentence of 20 years. Still, the conviction will make Trump the first convicted felon to serve as president of the United States.
Former Watergate prosecutor Jill Wine-Banks hailed Gesmer’s decision as “good news,” contrasting it with what she described as U.S. District Judge Aileen Cannon’s “crazy” ruling to block the release of special counsel Jack Smith’s investigative report into Trump. Cannon, a Trump appointee, has faced criticism for perceived bias in cases involving the president-elect.
Good news after the crazy presser Trump held and after Cannon crazy ruling (she has no jurisdiction to bar Smith Report, but will delay it and that may be enough to get T to inauguration where he will stop it). NY sentencing to proceed –at least until further appeal. www.nytimes.com/2025/01/07/n…
— Jill Wine-Banks (@jillwine-banks.bsky.social) January 8, 2025 at 12:25 AM
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Political commentators have observed that Trump’s legal strategy may be running out of time. Historian Varad Mehta tweeted, “Onto the NY Court of Appeals. And while they’re at it, Trump’s lawyers should finally be filing in federal court to stop this. It’s a colossal mistake for them not to have done so already, but better late than never.”
Justice Juan Merchan, who presided over Trump’s trial, initially planned to issue the sentence last July but delayed it multiple times, citing the need to review legal complexities, including Trump’s broad criminal immunity for official acts. With no further delays expected, the January 10 sentencing will mark an unprecedented moment in U.S. history.