New York’s highest court on Thursday declined to halt Donald Trump’s sentencing in the hush money case, clearing the way for the hearing to proceed as scheduled on Friday. The U.S. Supreme Court now appears to be Trump’s last option to prevent the proceeding.

A judge from the New York Court of Appeals issued a short order rejecting Trump’s legal team’s request for a hearing.

The Associated Press reports that Trump’s attorneys had already petitioned the U.S. Supreme Court on Wednesday to postpone the sentencing after state courts denied their efforts to delay the hearing. The sentencing is set to be overseen by Judge Juan M. Merchan, who presided over Trump’s trial last May, leading to his conviction on 34 felony counts for falsifying business records.

In their filing to the New York Court of Appeals, Trump’s lawyers argued that both Judge Merchan and the state’s intermediate appellate court “erroneously failed” to halt the sentencing. They contended that the Constitution mandates an automatic stay during the appeals process and that proceeding with the sentencing would interfere with Trump’s preparations to resume the presidency on January 20.
Manhattan prosecutors opposed the delay, asserting that the high court has no grounds to intervene in a state case to stop a sentencing that had already been postponed at Trump’s request.

“There is a significant public interest in moving forward with the sentencing,” prosecutors wrote. “The defendant has not provided any substantial evidence to support his claim that his duties as President-elect prevent him from attending a brief sentencing, which is expected to last less than an hour.”

Judge Merchan has indicated that he does not plan to impose jail time, fines, or probation. However, Trump’s legal team argues that the felony conviction carries severe repercussions, potentially distracting him as he prepares to assume office.
D. John Sauer, Trump’s attorney and his nominee for solicitor general, characterized the case as politically driven and argued that proceeding with sentencing would constitute a “grave injustice.”

The emergency motion to the U.S. Supreme Court was directed to Justice Sonia Sotomayor, who handles emergency appeals from New York.

Trump’s legal team also claims that evidence used during his Manhattan trial violated a Supreme Court ruling from last summer, which granted Trump broad immunity from prosecution for actions taken as president. At a minimum, they argued, the sentencing should be delayed until the immunity issue is resolved.
New York courts have maintained that Trump’s convictions pertain to personal matters, not official presidential actions covered by the Supreme Court’s immunity decision.

Prosecutors insist that Trump’s arguments are insufficient to overturn his conviction and that his appeal should not pause the case, as it focuses on evidentiary disputes rather than the charges themselves. They warned that any delay at this stage could push the case beyond Trump’s inauguration, potentially causing yearslong or indefinite postponement.