As of August 28, 2026, Donald Trump’s direct appeal of his New York criminal conviction was still pending. The case concerns a jury’s May 30, 2024 verdict finding him guilty on 34 felony counts of falsifying business records. Separately, a federal judge rejected Trump’s renewed effort to move the prosecution from state to federal court; his lawyers said they would appeal that federal ruling. The federal dispute does not decide the merits of the state conviction appeal.
What conviction is Trump appealing?
A New York jury found Trump guilty on May 30, 2024, on 34 felony counts of falsifying business records. Reporting published August 28, 2026, said his direct appeal through New York’s state court system remained pending. The reporting did not identify an expected decision date or establish whether the conviction would be affirmed, reversed, or modified. The New York Times reported on the pending appeal on August 28, 2026.
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How the state appeal differs from the federal case
These are separate proceedings with different questions before different courts. The direct appeal challenges the New York judgment through the state appellate system. The federal proceeding concerns Trump’s attempt to transfer the state prosecution to federal court and advance arguments related to presidential immunity and other grounds.
| Proceeding | Question before the court | What a ruling addresses |
|---|---|---|
| Direct New York conviction appeal | Whether the state judgment should stand, be reversed, or be modified under the applicable appellate review. | The New York conviction and judgment. |
| Federal removal effort | Whether the prosecution should be transferred from state to federal court, including consideration of arguments Trump raised about immunity. | The attempt to move the prosecution into federal court, not the merits of the direct state appeal. |
On August 28, 2026, U.S. District Judge Alvin K. Hellerstein rejected Trump’s renewed request to move the prosecution to federal court. His lawyers said they would appeal that ruling. The Associated Press reported the federal judge’s decision and the announced appeal.
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The removal dispute has its own earlier history: in November 2025, the Second Circuit returned that issue for further consideration and expressed no view on how the district judge should rule. That remand was not a reversal of the New York conviction. The Associated Press reported on the remand on November 6, 2025.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What happens next in the New York appeal?
1. The Appellate Division is the usual next state review stage
New York court guidance says criminal appeals to the Appellate Division are generally permitted as of right from a judgment or sentence. Some post-judgment orders, by contrast, can be appealed only with permission. The intermediate appellate court reviews the record and legal arguments and then issues a decision. The New York State Unified Court System’s Appellate Division guidance describes the general appeal rules.
2. Further review by New York’s highest court is not automatic
After intermediate appellate review, a criminal case generally needs permission, known as leave to appeal, for further review by New York’s Court of Appeals, the state’s highest court. The applicable route depends on the order and legal issue; the Court of Appeals is not an automatic next step. The state court system’s Court of Appeals appeals FAQ explains the general process.
3. No decision date or outcome is established
The latest cited reporting, dated August 28, 2026, says the direct state appeal was pending but does not provide a schedule for a decision. The available reporting and court guidance do not establish how the appeal will be resolved, so a timeline or outcome cannot be responsibly predicted from them.
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