People of the State of New York v. Trump: Briefs and Other Filings (N.Y. App. Div. 1st Dep’t)

Brief for Defendant-Appellant President Donald J. Trump, People of the State of New York v. Donald J. Trump, App. No. 2025-00648 (N.Y. App. Div. 1st Dep’t Oct. 27, 2025), Doc. No. 66, 2025 WL 3015820, <trump-appeal-hush-money.pdf>;

Brief of Professor Seth Barrett Tillman and Landmark Legal Foundation as Amici Curiae in Support of Defendant-Appellant Donald J. Trump, People of the State of New York v. President Donald J. Trump, App. No. 2025-00648 (N.Y. App. Div. 1st Dep’t Oct. 29, 2025) (filed by Robert W. Ray, Esq., of Sterlington PLLC, and J. Andrew Salemme, Esq., of Tucker Arensberg, P.C.), Doc. No. 72, 2025 WL 3028790, <https://ssrn.com/abstract=5652010>; 

Brief for the United States as Amicus Curiae in Support of Defendant Appellant, People of the State of New York v. Donald J. Trump, App. No. 2025-00648 (N.Y. App. Div. 1st Dep’t Nov. 7, 2025), Doc. No. 76, 2025 WL 3253540;

Brief for Amicus Coolidge-Reagan Foundation [in Support of Defendant-Appellant], People of the State of New York v. Donald J. Trump, App. Div. Case No. 2025-00648 (N.Y. App. Div. 1st Dep’t Dec. 15, 2025), NYSCEF No. 83, 2025 WL 3780594; 

The Manhattan District Attorney’s (Appellee’s) Responsive brief was originally due December 10, 2025. On December 4, 2025, the parties filed a joint stipulation in regard to the schedule for the outstanding briefs. 

Under the new schedule, the (Appellee’s) Responsive brief is due February 4, 2026 (2026 WL -------). 

Trump’s reply is due March 13, 2026 (2026 WL -------). 

It would appear that oral argument will be held during the April term (of the Appellate Division’s First Department), which begins March 31, 2026. The April term will last for about the next 10 business days. [Passover runs from the evening of Wednesday, April 1, 2026 through the evening of Thursday, April 9, 2026.]

See generally: NYSCEF System: <Document List>; 

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There is a parallel federal action (App. Ct. Docket No. 24-2299-cv; Trial Ct. No. 23 Civ. 3773 (AKH)) in which President Trump is seeking to remove the state case into the federal system. After Trump’s motion for removal was DENIED by the federal District Court, the removal issue was appealed to the Second Circuit. The Second Circuit remanded Trump’s removal motion to the trial court for reconsideration. See People of the State of New York v. Donald J. Trump, 158 F.4th 458 (2d Cir. Nov. 6, 2025) (per curiam).

On remand, Trump’s opening trial court brief was filed 12/8/2025 (2025 WL 3896843). 

Statement of Interest of the United States of America, No. 23 Civ. 3773 (AKH), People of the State of New York v. Donald J. Trump (S.D.N.Y., filed Dec. 15, 2025), ECF No. 70, 2025 WL 3896842. 

The Manhattan DA’s response was filed on 1/7/2026 (2026 WL 66950).  

Trump’s reply is due by 1/21/2026 (2026 WL -------). 

Oral Argument is scheduled for 2/4/2026 at 10:00 AM before Judge Alvin K. Hellerstein (SDNY). 

It is possible that the federal district court will hear and decide its removal case BEFORE the New York state intermediate appellate court decides the direct appeal of Judge Merchan’s final order and sentencing. Why? 

Briefing before the New York state court system’s Appellate Division, in the direct appeal of Judge Merchan’s trial court conviction and sentencing of Trump, will conclude on March 13, 2026. Oral argument is likely on or soon after March 31. In the parallel federal removal action in the Southern District of New York, before Judge Hellerstein, briefing concludes on January 21, and oral argument will be held on February 4, 10:00 AM. The federal district (or trial) court will be in a position to rule (ie, having heard oral argument) about two months prior to when the New York Appellate Division will hold oral argument. Furthermore, it is easier for a lone judge/lone decision-maker (ie, Judge Hellerstein) to issue a judgment than for a panel of appellate judges who have to coordinate their work product. For all these reasons, it is likely the removal issue will be decided by Judge Hellerstein before the New York Appellate Division decides its appeal. Of course, any decision by Hellerstein can be appealed, as a matter of right, to the Second Circuit, and then (potentially) to the Second Circuit en banc, and then (potentially) to the U.S. Supreme Court. Whether these parallel state and federal actions will conclude, after all appeals, prior the end of Trump-47 is anyone’s guess. 

Seth Barrett Tilman, ‘People of the State of New York v. Trump: Briefs and Other Filings (N.Y. App. Div. 1st Dep’t),’ New Reform Club (Updated from time to time as new briefs/filings are added and posted online) (Nov. 12, 2025, 4:08 AM), <https://reformclub.blogspot.com/2025/11/people-of-state-of-new-york-v-trump.html>;