Sentencing of the four remaining M26 defendents, until now scheduled for November 18, this Thursday, has been stayed pending the New York State Court of Appeals decision on whether or not it will review the unsealing of their older dismissed cases. This means that unless there is a last minute change there will not be any significant activity in court this week other than an announcement of the rescheduled date.
The defendents will know in four to eight weeks whether the Appeals Court will consider their petition. If the Court of Appeals agrees to review the petition, the defendents expect that sentencing will continue to be stayed in the interim. The review decision itself would not come until next string at the earliest.
If it decides not to review the petition, there will be no higher recourse and the D.A.'s sentencing memorandum will stand. They will be sentenced as Judge Stolz sees fit, which could mean anywhere from zero to 365 days in jail. If it decides in their favor, it will be, as Steve Quester writes, a great victory for the entire civil rights community in New York, and these defendents could be sentenced only with jail time effectively off the table altogether.
I will post more developments as they happen, including of course any and all future court dates.
Ah, how the sledge of justice does plod on.