To succeed on appeal, Trump, 77, must demonstrate that Justice Juan Merchan made significant errors overseeing the trial. If Trump’s appeal in New York state courts proves unsuccessful, he could appeal to the US Supreme Court. “How can we come back from this in a way that’s fair to President Trump?” Blanche said outside the jury’s presence on May 7. In urging Merchan to dismiss the case last year, Trump’s lawyers argued that New York state law did not apply to federal elections. George Grasso, a retired New York state judge who attended the trial, said the defense would be unlikely to succeed in a challenge to that decision.