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

Defendant’s-Appellant’s Notice of Appeal (Jan. 31, 2025), Doc. No. #1;

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 (no longer available), <trump-appeal-hush-money.pdf>, <2025-00648-people-of-the-state-of-v-people-of-the-state-of-appellant-s-brief-66.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 (no longer available), <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 (no longer available), <76-motion-for-leave-to-file-amicus-brief.pdf>;

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), NYSECF No. 83, 2025 WL 3780594 (no longer available), <2025_00648_People_of_the_State_of_v_People_of_the_State_of_NOTICE_OF_MOTION_W__82.pdf>; 

Brief of Professor Jed Handelsman Shugerman as Amicus Curiae 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 Jan. 28, 2026), NYSECF No. 87, 2026 WL 300838 (no longer available), refiled NYSECF 103 (Sept. 25, 2026) (filed by Steven Michael Rosato, Esq.), <gov.uscourts.nysd.598311.74.2.pdf>; 

Brief for Respondent (District Attorney BRAGG), People of the State of New York v. Donald J. Trump, App. Case No. 2025-00648 (N.Y. App. Div. 1st Dep’t July 29, 2026), NYSECF No. 100, 2026 WL 2393795 (only brief which is currently available on WESTLAW—all other briefs which had been posted have since been removed from WESTLAW—purportedly, these briefs are under seal); 

Reply 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. 16, 2026), Doc. No. 111, 2026 WL ------- (never posted on WESTLAW), <>;

Oral Argument: Nov. 5, 2026, 2 pm;

See generally: NYSECF 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 was filed on 1/21/2026 (2026 WL 176571).  

Oral Argument was held for Wednesday, February 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. 

AKH’s opinion (SDNY) rejecting Trump’s removal petition/motion from August 28, 2026: <link>, 2026 WL 254453.

Notice of Civil Appeal in People of the State of New York v. President Donald J. Trump, App. No. 26-2427: filed 8/28/2026 (entered 8/31).

BRIEF, on behalf of Appellant Donald Trump, FILED. Service date 09/22/2026 by ACMS. [Entered: 09/22/2026 04:53 PM], ECF No. 25.

BRIEF, AMICUS BRIEF, on behalf of Amicus United States of America, FILED. Service date 09/29/2026 by ACMS. [Entered: 09/29/2026 03:25 PM], ECF No. 40.

BRIEF, on behalf of Appellee People of the State of New York, FILED. Service date 10/22/2026 by ACMS. [Entered: 10/22/2026 05:31 PM], ECF No. 46. 

Reply Brief for Defendant-Appellant President Donald J. Trump, People of the State of New York v. President Donald J. Trump, App. No. 26-2427 (2d Cir. Oct. 29, 2026), ECF No. 49-1.

CASE CALENDARING, ECF Nos. 42 & 43, Revised, ECF Nos. 48 & 50: MONDAY, NOV. 16, 2026, 2 pm 

Seth Barrett Tillman, ‘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>;