A New York judge on Friday granted President-elect Donald Trump permission to seek dismissal of the business records criminal case, in which he was found guilty earlier this year, in light of his victory in the Nov. 5 presidential election.
In his order, Acting Supreme Court Justice Juan Merchan gave the Trump team until Dec. 2 to file a motion for dismissal and set a Dec. 9 deadline for the prosecution to respond.
Merchan also granted a stay of sentencing in the case, adjourning the scheduled Nov. 26 sentencing hearing indefinitely.
Trump, 78, was convicted in May of a felony for falsifying business records to cover up a scheme to influence the 2016 election by paying to squelch a story of extramarital sex. Trump has denied the allegations.
His lawyers argued in a letter that continuing with the case would interfere with the president-elect's preparations for returning to the White House and cause "unconstitutional impediments" to his ability to run the country.
Manhattan prosecutors opposed the dismisssal, saying in a court filing Tuesday that Trump's forthcoming presidency isn't grounds for dropping a case that was already tried. But “given the need to balance competing constitutional interests," prosecutors said, “consideration must be given” to potentially freezing the case until after he's out of office.
This report contains material from Reuters.