The Court of Appeals in New York has ruled that a Jamaican immigrant is entitled to appeal a criminal conviction even though he was deported in 2009.

He is Damian Gardner, who was arrested in 2006 and convicted of misdemeanour drug possession.

On Tuesday a court order was made for Gardner, noting that it was unlike others where defendants forfeit their appeal rights by running away.

It is reported that Judge Theodore Jones Junior cited the New York statute that codifies a criminal defendant's common law right to appeal to an intermediate court.

THE STAR also understands that the top court agreed that Gardner's appeal should be considered since his conviction caused his deportation.

Gardner, a first offender, had an American wife and young child.

He had been acquitted by a jury on felony drug charges alleging involvement in the street sale of crack cocaine.

He was convicted of the drug possession misdemeanour and spent 60 days in jail before deportation.