New York Laws
Article 450 - Appeals--in What Cases Authorized and to What Courts Taken
450.70 - Appeal by Defendant Directly to Court of Appeals; in What Cases Authorized.


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.