Trumps legal team also is asking the court to weigh in on whether presidential immunity applies to a president-elect.
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Read Trumps brief to Supreme Court in hush money case.
Merchan indicated that Trump would not face incarceration and that Trump could appear at the sentencing hearing virtually.
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On Tuesday, a New York appellate court also refused to stop the sentencing.
Trump is the first president to be criminally convicted of a felony.