The legal saga surrounding Donald Trump’s 34 felony convictions in New York has been a rollercoaster. If you’re looking for a quick "yes" or "no" on whether the appeal has been won, the answer is: not yet. As of early 2026, the conviction officially remains on his record, though the situation has shifted dramatically since he re-entered the White House.
Basically, the 34 counts of falsifying business records are still there. However, the enforcement of any real punishment has essentially hit a brick wall.
On January 10, 2025, just days before his second inauguration, Justice Juan Merchan handed down a sentence of unconditional discharge. If you aren't a legal scholar, that basically means the court says "you're guilty, but we aren't going to give you any jail time, probation, or even a fine." It’s the lightest possible outcome for a felony conviction. But for Trump, "light" isn't enough. He wants the whole thing erased from history.
The Status of the Appeal on the 34 Felonies
The formal appeal is moving through the New York state court system right now. In October 2025, Trump’s legal team filed a massive 111-page brief with the New York Supreme Court’s Appellate Division. They aren't just asking for a lighter touch; they want the entire verdict tossed out.
They have a few main arguments. First, they say Judge Merchan should have recused himself because of his daughter’s work for Democratic clients. Second, they argue the Manhattan District Attorney, Alvin Bragg, used a "convoluted legal theory" to turn what should have been misdemeanors into felonies.
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But the "big one"—the argument that might actually work—is based on presidential immunity.
The Immunity Curveball
In July 2024, the U.S. Supreme Court ruled that presidents have broad immunity for "official acts." Trump’s lawyers argue that some of the evidence used in the New York trial—like tweets he sent while in the Oval Office or conversations with White House staffers—should never have been shown to the jury.
If the appeals court decides that "tainted" evidence was used, they could technically vacate the conviction and order a new trial. But realistically, nobody expects a sitting president to go back to trial in a state court while in office.
Why the Case is Stuck in Limbo
Right now, the case is a jurisdictional mess. While the state appeal is happening, there’s a parallel fight in federal court. Trump’s team is trying to move the whole case to federal jurisdiction so they can argue it should be dismissed entirely under federal immunity rules.
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In November 2025, the Second Circuit Court of Appeals gave Trump a significant win. They told a lower federal judge, Alvin Hellerstein, that he had to take another look at the immunity arguments. This effectively keeps the "hush money" conviction in a state of legal suspended animation.
What has actually happened so far?
- The Conviction: Still stands. He is legally a convicted felon.
- The Sentence: Unconditional discharge (no jail, no fine).
- The State Appeal: Pending. Briefs were filed in late 2025; a ruling could take most of 2026.
- The Federal Push: Ongoing. The Second Circuit is forcing a re-evaluation of the immunity claims.
Honestly, the optics are weird. You have a sitting president who is technically a felon in the eyes of the State of New York, but the Department of Justice has already dropped his federal cases (the classified documents and election interference cases) because of the policy against prosecuting a sitting president. New York is the last holdout.
What Most People Get Wrong About the Appeal
A lot of people think that because Trump won the election, the 34 felonies just "vanished." That’s not how it works. State convictions don't disappear just because someone gets elected to federal office.
However, the Supremacy Clause of the U.S. Constitution creates a massive shield. It basically says state law can’t interfere with the duties of the President. This is why Judge Merchan gave the "unconditional discharge" sentence—trying to put a sitting president in a New York jail cell would have triggered a constitutional crisis that the state probably would have lost.
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So, while he hasn't "won" the appeal yet by getting the record cleared, he has "won" in the sense that the conviction has zero impact on his daily life or his ability to govern.
The Possible Outcomes
- The Conviction is Upheld: The appeals court says the trial was fair. Trump remains a felon, but nothing else happens until he leaves office in 2029.
- The Conviction is Overturned: The court agrees that "official acts" evidence was improperly used. The verdict is erased.
- The "Interests of Justice" Dismissal: The court decides that continuing the case against a sitting president is more trouble than it's worth and dismisses it to avoid further conflict.
Actionable Insights for Following the Case
If you're trying to keep track of this, don't just look for "Trump news." Look for specific filings in the New York Supreme Court Appellate Division, First Department. That’s where the real action is.
- Watch the Federal Remand: Keep an eye on Judge Hellerstein’s court in the Southern District of New York. If he changes his mind and allows the case to move to federal court, the conviction is as good as gone.
- Understand the "Taint": The legal battle isn't about whether he paid Stormy Daniels or falsified records; it’s about how the prosecution proved it. If they used one tweet from 2017 that is considered an "official act," the whole 34-count tower could tumble.
- Ignore the "Jail" Talk: Regardless of the appeal, there is virtually a 0% chance Trump spends a single day in a New York prison for these charges while he is President.
The case is a slow-motion legal chess match. Trump hasn't won the appeal on the 34 felonies yet, but he has successfully neutralized the consequences for the foreseeable future. If you want to see the final resolution, you're going to have to be patient—this likely won't be fully settled until deep into 2026 or even 2027.