"The statute of limitations (SOL) did not apply to the New York hush money case for three primary reasons: the charge was a felony with a longer time limit, the clock was "tolled" while the defendant was outside of New York, and an extended suspension of deadlines during the COVID-19 pandemic."
https://fedsoc.org/events/the-trump-new-york-verdict-constitutional-legal-and-prudential-questions#:~:text=A New York City jury,an extended statute of limitations.
In the NY hush money case, the underlying misdemeanors of falsifying business records were "bumped up" to a felony when the prosecution proved that Trump falsified the records with the intent to conceal or commit another, separate crime. Prosecutors argued this second crime was a violation of state and federal election laws related to campaign finance, although they did not need to prove the underlying crime was committed, only that there was intent.
How the Misdemeanor Became a Felony
- The Misdemeanor:
The initial act of falsifying business records in New York can be a misdemeanor, punishable by a shorter jail sentence and fines.
- The "Bump Up":
For the charge to become a felony, prosecutors must prove that the falsification of the business records was done with the intent to commit or conceal another crime.
- The Underlying Crime:
In this case, the prosecution argued that Trump falsified the records to conceal violations of federal and state election laws. The alleged second crime was that the hush-money payments to Stormy Daniels and Karen McDougal were illegal campaign contributions designed to influence the 2016 election.