Judge Juan Merchan has canceled the sentencing previously scheduled for November 26 in Donald Trump’s New York felony case. He did not reschedule, and he granted Trump’s motion for permission to file what they call a Clayton motion, or motion to dismiss in the interest of justice. It is part of New York’s criminal code (CPL 210.40) and allows judges to terminate a prosecution based on the principles of justice, unbound by the case’s legal merits or the guilt or innocence of the defendant.
Because Merchan granted permission for Trump to file the motion and canceled the sentencing without rescheduling, observers suspect he may be setting the stage to grant the Clayton motion and send Mr. Trump on his way a free man. The president-elect has until December 2 to file his motion, and the state has until December 9 to respond.
