Notwithstanding the provisions of subdivision one, if within one hundred twenty days after the issuance of such an order the appeal has not been brought to argument in or submitted to the intermediate appellate court, the operation of such order terminates and the defendant must surrender himself to the criminal court in which the judgment was entered in order that execution of the judgment be commenced or resumed; except that this subdivision does not apply where the intermediate appellate court has (a) extended the time for argument or submission of the appeal to a date beyond the specified period of one hundred twenty days, and (b) upon application of the defendant, expressly ordered that the operation of the order continue until the date of the determination of the appeal or some other designated future date or occurrence.
120 days after the issuance of the stay means 100 days before the end of the year.
September 21, 2024 (Sat) Day 265. If he appeals, and a stay is issued between July 12 and September 21, would he not be in prison on Jan 20, 2025?
I don’t see him having any concrete way of winning an appeal. And if his lawyers just spew nonsense, I don’t foresee an extension being granted.
See that part where it says “except that this subdivision does not apply where the intermediate appellate court has (a) extended the time for argument or submission of the appeal…” ?
Courts postpone hearings and grant additional time for stuff a lot, and courts are particularly eager to give Trump far more leeway than anybody else.
According to this site: https://law.justia.com/codes/new-york/2022/cpl/part-2/title-m/article-460/460-50/
120 days after the issuance of the stay means 100 days before the end of the year. September 21, 2024 (Sat) Day 265. If he appeals, and a stay is issued between July 12 and September 21, would he not be in prison on Jan 20, 2025?
I don’t see him having any concrete way of winning an appeal. And if his lawyers just spew nonsense, I don’t foresee an extension being granted.
See that part where it says “except that this subdivision does not apply where the intermediate appellate court has (a) extended the time for argument or submission of the appeal…” ?
Courts postpone hearings and grant additional time for stuff a lot, and courts are particularly eager to give Trump far more leeway than anybody else.