ALBANY, N.Y. (AP) 鈥� New York's highest court on Thursday declined to block upcoming sentencing in , leaving the U.S. Supreme Court as the president-elect's likely last option to prevent the hearing from taking place Friday.
One judge of the New York Court of Appeals issued a brief order declining to grant a hearing to Trump's legal team.
Trump has asked the to call off Friday鈥檚 . His lawyers turned to the nation鈥檚 highest court Wednesday after refused to postpone the sentencing by Judge Juan M. Merchan, who presided over Trump鈥檚 trial and conviction last May on . Trump has denied wrongdoing.
In a filing to the top New York court, Trump鈥檚 attorneys had said Merchan and the state鈥檚 mid-level appellate court both 鈥渆rroneously failed鈥� to stop the sentencing, arguing that the Constitution requires an automatic pause as they appeal and that the sentencing would disrupt as he prepares to return to the White House .
Prosecutors pushed back, saying there's no reason for the high court to take the 鈥渆xtraordinary step鈥� of halting the case.
鈥淭here is a compelling public interest in proceeding to sentencing,鈥� Manhattan prosecutors wrote. 鈥淒efendant has provided no record support for his claim that his duties as President-elect foreclose him from virtually attending a sentencing that will likely take no more than an hour.鈥�
While Merchan has indicated he will not impose jail time, fines or probation, Trump鈥檚 lawyers argued a felony conviction would still have intolerable side effects, including distracting him as he prepares to take office.
Trump鈥檚 attorney D. John Sauer called the case politically motivated and said sentencing now would be a 鈥済rave injustice." Sauer is also Trump鈥檚 pick to be solicitor general, who represents the government before the high court.
Trump鈥檚 attorneys also argue that evidence used in the Manhattan trial violated last summer鈥檚 Supreme Court ruling giving Trump broad immunity from prosecution over acts he took as president. At the least, they have said, the sentencing should be delayed while their appeals play out on the immunity issue.
Judges in New York have found that Trump's convictions related to personal matters rather than the official presidential at the core of the Supreme Court's ruling.
Prosecutors argue Trump's claims aren鈥檛 strong enough to overturn his conviction and his appeal shouldn't freeze the case because it's about evidence rather than the core charges.
The emergency motion to the U.S. Supreme Court was submitted to Justice Sonia Sotomayor, who hears emergency appeals from New York.
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Sisak reported from New York, Whitehurst from Washington.
Michael Hill, Michael R. Sisak And Lindsay Whitehurst, The Associated Press
