A judge has postponed a decision on whether to undo US President-elect Donald Trump’s hush money conviction as prosecutors consider how to proceed in light of last week’s election and his lawyers argue for dismissal so he can run the country.

Trump is due to be sentenced in New York this month.

The US Department of Justice has already dropped two outstanding criminal investigations into the former president, one relating to his alleged efforts to subvert the outcome of the last election and the other regarding his alleged mishandling of classified documents.

But the criminal case in New York, where Trump has already been convicted of fraud in connection with the payments made to Stormy Daniels, is outside the purview of the federal government.

New York commuters on Tuesday morning were split over whether sentencing in the case should be scrapped.

“I don’t think anybody should be above the law. I mean, I don’t care who you are," one man said.

Another male commuter disagreed, saying, “the financial crime case is a joke. Regardless of who the President is, they need to have some immunity to do their jobs."

Trump was not in office when he made the payments to Stormy Daniels. But his lawyers are arguing that because he is poised to return to the Oval Office, any sentencing in the case could create an impediment to his ability to carry out his duties.

This comes as the US Senate's Democratic majority moves to confirm as many new federal judges nominated by President Biden as possible to avoid leaving vacancies that Trump could fill after taking office on January 20.

With Republicans set to take control of the chamber on January 3, the Senate on Tuesday voted in favour of former prosecutor April Perry becoming a district court judge in Illinois.

Biden has announced another 30 judicial nominees who are awaiting Senate confirmation.

Trump made 234 judicial appointments during his first four years in office, the second most of any president in a single term, and moved the judiciary rightward - including building a 6-3 conservative majority on the US Supreme Court with three appointees.

Biden has appointed a host of liberal judges, including Supreme Court Justice Ketanji Brown Jackson. (Agencies)