New York Criminal Procedure Law Code § 450.70

Appeal by defendant directly to court of appeals; in what cases authorized
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§ 450.70  Appeal by defendant directly to court of appeals; in what\n             cases authorized.\n  An appeal directly to the court of appeals may be taken as of right by\nthe defendant from the following judgment and orders of a superior\ncourt:\n  1.  A judgment including a sentence of death;\n  2.  An order denying a motion, made pursuant to section 440.10, to\nvacate a judgment including a sentence of death;\n  3. An order denying a motion, made pursuant to section 440.20, to set\naside a sentence of death;\n  4. An order denying a motion, made pursuant to paragraph (d) of\nsubdivision eleven of section 400.27, to set aside a sentence of death.\n

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