A New York judge has delayed his decision on whether U.S. President-elect Donald Trump can be convicted of his hush money conviction following a recent ruling by the United States Supreme Court granting immunity to American presidents over actions taken while in office.

Mr Trump was earlier this year convicted of 34 felony charges of falsifying business documents in connection to a hush money payment made to former porn star Stormy Daniels to keep the affairs between the duo a secret ahead of the 2016 presidential election.

The president-elect is due for sentencing later this month.

Following the outcome of the presidential election, Mr Trump’s lawyer Emil Bove wrote an email to Judge Juan Merchan, seeking the dismissal of the criminal prosecution of his client in its entirety, citing his emergence as newly elected U.S. president.

“The stay and dismissal are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” Mr Bove’s email to Judge Merchan read.

Subsequently, Judge Bove has agreed to delay his decision until November 16, which will enable the prosecutors to respond to the request for dismissal by Mr Trump’s camp, The Hill reported.

“The people agree that these are unprecedented circumstances and that the arguments raised by defence counsel in correspondence to the People on Friday require careful consideration,” prosecutor Matthew Colangelo wrote to the judge.

Last week, a federal judge granted a request by special counsel Jack Smith’s office to suspend all deadlines in the 2020 election interference case against Mr Trump and provide an update on December 2 about the next steps.