Trump Will Appeal: "as soon as we can"
What's Next for Donald Trump's Sentencing and Appeal?
Former President Trump's attorney Todd Blanche states the defense team plans to challenge the New York jury's guilty verdict in the hush money trial. The clock on appeals will start after sentencing on July 11th, 2024.
Presumptive Sentence:
Under New York's sentencing guidelines, the presumptive sentence for nonviolent Class E felonies can range from no jail probation to 1 1/3 to 4 years in prison for first-time offenders (N.Y. Penal Law §§ 70.00[2][e], 70.00[3][b]).
If an individual is convicted of multiple Class E felonies arising from the same criminal conspiracy, the sentences are likely to be served concurrently rather than consecutively. This is because New York law mandates concurrent sentences for offenses committed through a single act or omission, or through acts constituting a material element of the other offenses (N.Y. Penal Law § 70.25[2]).
First-time offenders with little to no criminal history score, like Donald Trump, are unlikely to see jail time and would more likely receive fines and probation.
How a Criminal Appeal is Made in New York:
The appeals process for a criminal conviction in the Manhattan Supreme Court (the lowest trial court in NY) is governed by several key procedural rules and statutes.
Step 1: Notice of Appeal
Under New York Criminal Procedure Law (CPL) § 460.101, a defendant must file a notice of appeal within 30 days of sentencing. This notice is submitted to the clerk of the court where the conviction occurred and serves as the formal initiation of the appellate process.
Step 2: Preparation of the Record on Appeal
CPL § 460.702 mandates the preparation of the record on appeal. This record includes all relevant documents from the trial court, such as transcripts, exhibits, and motions. The comprehensive compilation of these materials allows the appellate court to review the proceedings and identify any potential errors.
Step 3: Filing of Briefs
The appellant must file an appellate brief within a timeline specified by the court, typically 60 days after receiving the trial transcript, as outlined in 22 NYCRR Part 6003. The brief must articulate the legal arguments for reversing the conviction, citing specific instances where the trial court may have erred in its rulings or interpretations of the law.
The respondent then has 30 days to file a responding brief, defending the trial court’s decision and arguing for the conviction to be upheld. The appellant may file a reply brief within 10 days to address arguments raised by the respondent.
Step 4: Oral Argument
Oral arguments, governed by 22 NYCRR Part 600.104, may be requested by either party. During oral arguments, both sides present their positions and respond to questions from the panel of judges. This stage provides an opportunity for direct interaction with the appellate judges and clarification of complex legal issues.
Step 5: The Court’s Decision
The Appellate Division, First Department, after reviewing the briefs, the record, and oral arguments if conducted, issues a written decision. The court’s analysis focuses on identifying legal and procedural errors that may have influenced the trial’s outcome. The appellate court may affirm the conviction, reverse it, or order a new trial, depending on its findings.
Further Appeal
Further appeal to the New York Court of Appeals requires permission, as specified in CPL § 460.20. This higher level of appeal is not automatic and is granted only if the case presents significant legal questions or if there is a compelling reason to review the appellate division’s decision.
What the Appellate Division Reviews and Does Not Review in a Criminal Appeal
When a criminal conviction from the Manhattan Supreme Court is appealed to the Appellate Division, First Department, the scope of the court's review is clearly delineated by law. The appellate court's primary role is to ensure that the trial court's proceedings were fair and legally sound. This involves a meticulous examination of several critical aspects, but also places clear limits on what can be reconsidered.
What the Court Reviews
Errors of Law: The appellate court scrutinizes whether the trial court correctly interpreted and applied the law. This includes the interpretation of statutes, case law, and procedural rules. Legal questions are reviewed de novo, meaning the appellate court gives no deference to the trial court’s conclusions on these matters (CPL § 470.15[1]).
Procedural Errors: Any procedural missteps that could have affected the defendant's rights are also subject to review. This includes errors in admitting or excluding evidence, jury instructions, and procedural due process issues (CPL § 470.15[1]).
Sufficiency of the Evidence: The court assesses whether the evidence presented at trial was legally sufficient to support the conviction. This involves determining if a rational trier of fact could have found the defendant guilty beyond a reasonable doubt based on the evidence presented (People v. Contes, 60 N.Y.2d 620, 621 [1983]).
Abuse of Discretion: The appellate court reviews discretionary decisions made by the trial judge, such as sentencing and rulings on motions. These are reviewed for an abuse of discretion, which requires showing that the trial court's decision was arbitrary, irrational, or without a sound basis in law (CPL § 470.15[6]).
What the Court Does Not Review
New Evidence: The appellate court does not consider evidence that was not presented at the trial. The review is confined to the trial record (CPL § 470.15[1]).
Witness Credibility: The appellate court does not re-evaluate the credibility of witnesses. Credibility assessments are the exclusive domain of the jury or trial judge who observed the witnesses’ testimony firsthand (People v. Bleakley, 69 N.Y.2d 490, 495 [1987]).
Factual Disputes: The appellate court does not resolve factual disputes. It reviews the trial court's factual findings to ensure they are supported by legally sufficient evidence, but does not reweigh evidence or second-guess factual determinations (People v. Danielson, 9 N.Y.3d 342, 349 [2007]).
Issues Not Raised in the Lower Court: Generally, the appellate court does not consider issues that were not preserved for review by being raised at trial. Exceptions exist for fundamental constitutional errors (CPL § 470.05[2]).
Makeup of the Court:
Donald Trump is unlikely to find political allies to overturn his criminal conviction on the First Division's court roster, as only one of the 21 justices was appointed by a Republican governor, George Pataki. The overwhelming majority of the justices were appointed by Democratic governors.
In the New York Appellate Division, First Department, cases are typically reviewed by a panel of five justices rather than the entire court. This means that the likelihood of encountering a sympathetic panel aligned with Republican views is even slimmer.
What about SCOTUS?
While the U.S. Supreme Court has the authority to review state criminal convictions, it does so only when there are substantial federal questions at stake. In order to appeal to SCOTUS, Trump would have to substantiate a constitutional claim, such as potential violations of the defendant's constitutional rights, due process under the Fourteenth Amendment, the right against self-incrimination under the Fifth Amendment, or ineffective assistance of counsel under the Sixth Amendment.
Donald Trump cannot re-litigate the case on appeal; he must identify judicial errors that occurred during his trial to have any chance of overturning his conviction. The appeals process in New York begins with filing a notice of appeal within 30 days of sentencing, followed by preparing the record on appeal and filing briefs to articulate the legal arguments for reversing the conviction. This process, governed by strict procedural rules, is time-consuming. The review by the Appellate Division, First Department, focuses on legal and procedural errors without re-evaluating the evidence or witness credibility. Given these procedural steps and the thorough review required, the appeals process will likely take months, if not over a year, making it improbable that a challenge to Trump's conviction will be resolved before Election Day.
New York Criminal Procedure Law (CPL) § 460.10 requires that a notice of appeal be filed within 30 days after the service of the judgment, sentence, or order. This filing is a jurisdictional prerequisite for pursuing an appeal. See NY CPL § 460.10.
New York Criminal Procedure Law (CPL) § 460.70 governs the preparation of the record on appeal, detailing the inclusion of transcripts, exhibits, and all pertinent documents from the trial court to facilitate a thorough appellate review. See NY CPL § 460.70.
22 NYCRR Part 600 sets forth the rules of practice for the Appellate Division, First Department, covering procedures for filing briefs, motions, records on appeal, and other aspects of appellate practice. See 22 NYCRR Part 600.
1. 22 NYCRR Part 600.10 outlines the procedures for oral arguments in the Appellate Division, First Department, including scheduling, format, and conduct of the arguments. See 22 NYCRR Part 600.10