Judge Juan Merchán was to rule on Tuesday whether he would dismiss donald trumpGuilty verdicts in New York. Instead, the only criminal case in which Trump has gone to trial is delayed again, and now he may not be sentenced before taking office, or ever, if the president-elect has his way.

As in the two federal cases inevitably headed towards the legal garbage pileThe reason for this latest delay is Trump’s presidential victory. But the New York state case is in a different stance not only from the federal cases but also from the Georgia state case, raising fresh questions about what will happen in the so-called hush money case in the coming weeks and , potentially, years.

To summarize the New York action, in May a trial jury found Trump guilty of 34 felony counts of falsifying business records for covering up a scheme related to the 2016 presidential election. He was to be sentenced on July 11, but then the Republican-appointed majority of the Supreme Court issued the immunity ruling on July 1. Trump’s lawyers cited the ruling to argue that the verdicts should be overturned and the indictment dismissed. holding that evidence presented in the trial and in the grand jury it conflicted with the ruling of the superior court. Merchán delayed the sentence until september and then until November 26 because of the electionssetting Tuesday as the date on which he would decide whether to annul the sentences or dismiss the case.

But Trump’s lawyers asked Manhattan prosecutors to agree to pause the proceedings due to Trump’s imminent return to the White House. Prosecutors acknowledged the unprecedented circumstances and told Merchan that the matter requires “careful consideration to ensure that any additional steps in this proceeding appropriately balance the competing interests of (1) a guilty verdict by the jury following a trial that has the presumption of regularity; and (2) the Office of the President.” They Merchan asked. Give them until November 19 (one week from today) to tell the judge how they want to proceed. He agreed.

So what happens now? It depends on the parties and, if necessary, the courts. Trump’s lawyers want the case to be dismissed outright. It is unclear what District Attorney Alvin Bragg’s position will be.

But there is no good reason for the Manhattan district attorney to drop the case simply because Trump will be president again. It is one thing to say that nothing else should happen in any of his cases during the presidential transition period and while he is in office. Federal cases have not gone to trial against Trump and never will be; it’s just a matter of when and how they are buried: either because federal prosecutors dismiss them, because Trump’s attorney general dismisses them, or because Trump attempts a legally unproven self-pardon.

The state of Georgia case has also not been tried and is currently tied to a pretrial appeal in the defense’s effort to disqualify Fulton County District Attorney Fani Willis; There is a group of co-defendants in Georgia who could face trial while Trump is in office, but he would not be tried until after he leaves. Presidents cannot grant pardons in state cases or have them dismissed.

The case of New York state is different. Trump has already gone to trial. A jury found him guilty. To dismiss the case outright would be disrespectful to the jury’s verdict and would generally make no sense. Trump could argue that it would interfere with his duties to have a ruling on him, but that’s his problem. He was convicted as a private citizen. What’s done is done. If you really want to put the matter behind you, you should push in the other direction to resolve it as quickly as possible.

But as this latest delay shows, Trump may be able to get a decision made on whether he can overturn the verdicts and what his sentence would be if Merchan rejects his attempt to do so. It’s worth noting that incarceration is not mandatory in this case and that any incarceration or other sentencing, such as probation, could be delayed until Trump leaves office.

Even if he had lost the election and been sentenced to a relatively small prison term, Trump likely would have remained free pending an appeal. And if Merchan were to overturn the verdicts as Trump requested, that could give prosecutors a chance to retry him after he leaves office.

We do not know what the State’s position will be towards Merchan. Suppose, for the sake of argument, that prosecutors say they agree to suspend further proceedings until Trump leaves office. All things considered, that might be a relatively reasonable position right now. But if they accept a total dismissal, it would be giving the case away.

Subscribe to Deadline: Legal Bulletin for expert analysis on the week’s top legal stories, including updates from the Supreme Court and developments in Donald Trump’s legal cases.