Legislation
SECTION 450.70
Appeal by defendant directly to court of appeals; in what cases authorized
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE M, ARTICLE 450
§ 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.
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.