New York Consolidated Laws

N.Y. Criminal Procedure Law § 450.70 (2026)

Appeal by defendant directly to court of appeals; in what cases authorized

✓ current as of May 2026

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§ 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.