Judge Grants Sentencing Stay for Trump in “Hush Money Case”

On November 22, 2024, a New York State Supreme Court judge “Juan M. Merchan” granted  Donald J. Trump a stay of sentencing in a “hush money” case.

This decision will prolong further legal proceedings & signifies the ongoing battle between the New York County District Attorney’s Office.

The Court granted Trump’s request to file a motion to dismiss the indictment under CPL – 210.40 against him. Both parties are expected to submit legal arguments in the coming weeks.

The defendant’s motion is due by December 2, 2024, allowing the defense to challenge the legal sufficiency of the charges, and the prosecution’s response is due by December 9, 2024. The stay will be effective until the court has reviewed all relevant submissions from both parties.

The court has also granted a joint request for a stay of sentencing and postponed the previously scheduled November 26, 2024 – sentencing date.

A joint motion schedule was approved, with the people’s response to a motion to dismiss due on December 9th, 2024. This decision will pause the sentencing process until further notice.

Stay on CPL -330.30(1) Motion

According to a Press release, the court also granted a stay on its decision regarding Trump’s motion under CPL 330.30(1) that pertains to a procedural issue related to the case.

Besides this, the Court’s order allows for further proceedings & legal arguments, altering or delaying the case course.

The sentencing of recent Presedent-elect Donald Trump has been postponed for the 3rd time since his May conviction on charges related to a cover-up involving a hush money payment.

In May, a New York jury, consisting of 12 members, convicted the former U.S. President on 34 counts of falsifying business records and made him the 1st former president in American history to be convicted of a crime.

On November 19, 2024, Manhattan District Attorney “Alvin Bragg’s” prosecutors wrote in a letter to Merchan that they wouldn’t oppose delaying Donald Trump’s sentencing – even until after a second presidency.

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Trump’s legal attorney argued that the conviction should be overturned & the case dismissed because Trump is president-elect. Further, they claimed that proceeding with the case would violate constitutional principles. The Manhattan Supreme Court case was the only criminal matter among 4 separate investigations involving Trump to reach trial before his victory in the Nov 5 presidential election.

Trump will be the first president to enter the White House with a felony record. Legal analysts forecasted that Trump’s victory would close his other criminal cases now.