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President-elect Donald Trump’s sentencing in his New York criminal case has been postponed as his legal team pushes to dismiss the prosecution entirely following his election victory. Judge Juan Merchan, who oversees the case, announced the delay in a letter, citing the need for additional written arguments from both sides.
Trump’s attorneys argue that his return to the presidency necessitates the dismissal of his 34-count felony conviction. Manhattan District Attorney Alvin Bragg opposes this motion, suggesting instead that the proceedings be paused during Trump’s presidency, leaving the conviction intact but delaying sentencing until 2029 or later. Judge Merchan has ordered Trump’s formal motion to be filed by December 2, with Bragg’s response due by December 9, after which the court will decide how to proceed.
While both sides agreed to the delay, the new timeline aligns with Bragg’s request rather than Trump’s preference for a slower schedule closer to his inauguration. This legal maneuvering is consistent with Trump’s broader defense strategy of delaying criminal cases until after the election. Trump managed to postpone trials in three other prosecutions and pushed sentencing in this case beyond the election.
The conviction marks Trump as the first former president found guilty of a felony. If upheld, he would also be the first to assume the presidency with such a record. His legal team is now focused on dismissing the charges, starting with the New York hush money case, which was nearing sentencing on November 26. In a letter, Trump attorneys Todd Blanche and Emil Bove—both recently nominated by Trump for senior roles in the Justice Department—argued that dismissing the case is essential for the constitutional transfer of power and the interests of justice following his election win.
The case stems from a jury’s decision in May to convict Trump on 34 counts of falsifying business records to conceal a hush money payment made during the 2016 election. While Trump could technically face jail time, such sentences are rare for first-time offenders on similar charges, and he is likely to seek delays pending a lengthy appeal. Merchan had also planned to rule on whether the conviction could stand in light of a Supreme Court decision on presidential immunity but postponed both the ruling and sentencing after Trump’s election victory.
Trump’s win has further complicated his other criminal prosecutions. In federal cases led by special counsel Jack Smith, courts have granted requests to pause proceedings as prosecutors determine their next steps. In Georgia, where Trump faces charges related to efforts to overturn the 2020 election, an appeals court abruptly removed a scheduled hearing from the calendar without explanation.
For now, the legal battles remain in limbo, with Trump’s return to the presidency significantly altering the trajectory of his cases. How these prosecutions unfold will hinge on upcoming decisions from the courts as Trump prepares to assume office.