A New York Appeal Court sitting presided by Associate Justice Cynthia Kern on Tuesday denied former President Donald Trump’s request to delay the start of his New York hush money trial.
Trump has been charged with 34 counts of falsifying business records over the reimbursement of hush money payments made before the 2016 election
In efforts to forestall his trial on Monday, Trump’s attorney Emil Bove had urged the court to postpone the trial with a motion of venue change, arguing that Trump cannot get a fair jury in New York.
But Bove’s motion to stop the trial was denied when Associate Justice Lizbeth González after hearing Monday’s arguments, said there is no further argument on the motion to change the venue.
Tuesday’s ruling came roughly one hour after Bove argued his client is entitled to a stay of the proceedings while he challenges the “unconstitutional” partial gag order handed down by Judge Juan Merchan against Trump last month and expanded days later.
According to CNN, a full appeal’s court panel will still consider Trump’s petition, though it will not delay the start of the trial.
“Motions are due on Monday, the day the jury selection is scheduled to start. The panel of judges will rule on whether to stay the trial after they receive briefs that day, which means in theory the trial could be paused after it starts, though that possibility appears remote.
“The panel will decide about the gag order itself after April 29, when submissions are due. The panel of judges will rule on the written papers; there will be no oral arguments,” the paper was quoted as saying.
With Trump pleading not guilty to the 34 counts, this would be the second failed attempt by Bove to stop the hush money trial this week.