N.Y. Criminal Procedure Law § 450.80 – Appeal by people 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 people from the following orders of a superior court:

1. An order, entered pursuant to section 440.10, vacating a judgment including a sentence of death;
2. An order, entered pursuant to section 440.20, setting aside a sentence of death
3. An order, entered pursuant to paragraph (d) of subdivision eleven of section 400.27, setting aside a sentence of death;
4. An order, entered pursuant to subdivision twelve of section 400.27, setting aside a sentence of death.