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New York’s highest court declined to block Donald Trump’s sentencing in his hush money case, setting the stage for the U.S. Supreme Court to consider the matter. The New York Court of Appeals judge issued a brief order rejecting Trump’s request to halt Friday’s sentencing.

Trump’s legal team turned to the Supreme Court, arguing that the Constitution mandates an automatic pause during appeal and that sentencing would disrupt his presidential transition. Prosecutors countered, stating there’s “a compelling public interest” in proceeding and that a virtual sentencing would not impede Trump’s duties.

While sentencing by Judge Juan Merchan is unlikely to involve jail time, Trump’s lawyers claim the felony conviction has severe political and legal consequences. Prosecutors maintain Trump’s appeal does not warrant delaying the case, as his conviction pertains to personal conduct, not official presidential acts.

The emergency motion is now before Justice Sonia Sotomayor.

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