N.Y. Criminal Procedure Law § 450.80 (2026)

§ 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.