N.Y. Criminal Procedure Law § 450.70: Appeal by defendant directly to court of appeals; in what cases authorized

§ 450.70 Appeal by defendant directly to court of appeals; in what

cases authorized.

An appeal directly to the court of appeals may be taken as of right by

the defendant from the following judgment and orders of a superior

court:

1. A judgment including a sentence of death;

2. An order denying a motion, made pursuant to section 440.10, to

vacate a judgment including a sentence of death;

3. An order denying a motion, made pursuant to section 440.20, to set

aside a sentence of death;

4. An order denying a motion, made pursuant to paragraph (d) of

subdivision eleven of section 400.27, to set aside a sentence of death.