N.Y. Criminal Procedure Law § 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. 1. A judgment including a sentence of death;
  2. 2. An order denying a motion, made pursuant to section 440.10, to vacate a judgment including a sentence of death;
  3. 3. An order denying a motion, made pursuant to section 440.20, to set aside a sentence of death;
  4. 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.
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