NEW YORK (Reuters) -A New York judge on Friday granted Donald Trump permission to seek dismissal of his hush money criminal case, in which he was found guilty earlier this year, in light of his victory in the Nov. 5 U.S. presidential election.
Trump, 78, had been scheduled to be sentenced on Nov. 26. But prosecutors with Manhattan District Attorney Alvin Bragg’s office earlier this week asked New York State Supreme Court Justice Juan Merchan to consider deferring all proceedings in the case until after Trump finishes his four-year presidential term that begins on Jan. 20.
Lawyers for Trump, a Republican, have argued that the case must be dismissed because having it loom over him while he was president would cause what they called “unconstitutional impediments” to his ability to govern.
Bragg’s office said they would argue against dismissal, but agreed Trump deserved time to make his case through written motions.
Merchan on Friday set a Dec. 2 deadline for Trump to file his motion to dismiss, and gave prosecutors until Dec. 9 to respond.
