Judges question both sides in Trump's New York conviction appeal
Where it stands
New York's First Department heard Trump's appeal from his 34-count falsifying-business-records conviction on November 5; the court did not rule or indicate when it would rule, so the conviction remains in place.
Sources reviewed: Nov 5, 2026 · 3:11 PM EST
New York appeals judges questioned President Donald Trump's lawyers and Manhattan prosecutors about the legal theory supporting his 34-count falsifying-business-records conviction and evidence concerning White House conversations, Hope Hicks and Trump's first-term social-media posts, according to AP's updated report after the hearing. The defense argued that state prosecutors improperly relied on federal campaign-finance law and that presidential immunity required exclusion of the White House-related evidence.
Judges also asked whether multiple disputed pieces of evidence, considered together, could have affected the verdict. The court did not signal how or when it would rule.
The argument was not a decision, and the conviction remains operative.
The response.
Manhattan District Attorney Alvin Bragg's appeals chief argued that federal campaign-finance law was used only in part to explain the alleged conspiracy behind the records falsification, that the White House-related evidence concerned unofficial conduct or was otherwise admissible, and that any errors were harmless in light of the other evidence, according to AP. Trump denies wrongdoing, says the case was politically motivated and maintains that reimbursements to Michael Cohen were legitimate legal expenses rather than concealed campaign spending. A separate federal appeal seeking to move and dismiss the case on immunity grounds is scheduled for argument November 16; that is a different proceeding and does not itself alter the state conviction.
Dates & scope
Source publication: Nov 5, 2026 · 12:01 AM EST
Event or conduct: 2026-11-05.
Full chronology and review notes
The First Department heard argument November 5 after listing the case for a 2:00 p.m. EST session. AP first published its preview at 12:01 a.m. EST and later updated the same report after the hearing. The Ledger reviewed the updated reporting and the court's public argument archive and official-decision index at 3:11 p.m. EST. The 2024 verdict, January 2025 sentence, May 2026 procedural order, November 5 publication, November 5 argument and Ledger review are distinct events.
This is a dated report. The source-review time records when the linked sources were checked; it is not a live update.
Coverage is non-exhaustive. Our source-review standards →
Read the background case file ↗
Open the original record.
- New York State Unified Court System: First Department November 2026 Term Calendar ↗
Primary court calendar that listed the November 5 argument session; the public index does not itself state the appeal's outcome
- New York State Unified Court System: People v. Trump, Motion No. 2026-00447 ↗
Primary May 19 order identifying Case No. 2025-00648 and Indictment No. 71543/23 and stating that the appeal had been perfected; the order grants an amicus filing motion, not the merits appeal
- Associated Press: Court weighs Trump's appeal in the Stormy Daniels hush money case ↗
November 5 report, updated after argument, describing the judges' questions, the defense and prosecution positions, Trump's response and the separate federal appeal; relied on for hearing details because no same-day court transcript or archived video was accessible when reviewed
- New York State Unified Court System: First Department oral-argument archives ↗
Primary archive index reviewed November 5 at 3:11 p.m. EST; November 2026 was not yet linked, so no same-day video or transcript of the argument was accessible there
- New York State Law Reporting Bureau: Official New York State Court Decisions Online ↗
Primary official-decision index reviewed November 5 at 3:11 p.m. EST; the latest First Department decisions shown were dated October 29, and no merits decision in this appeal was located
- New York State Unified Court System: People v. Donald J. Trump criminal-case archive ↗
Primary public archive for trial-court orders, filings, jury instructions and the May 2024 verdict sheet
Keep following this record
The Pardon Ledger is a free email digest: new clemency grants and money entries, each with its sources, the response on record, and what changed.
Read a sample: Whose names are on the filings ↗