N.Y. Criminal Procedure Law Section 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.

Source: Section 450.70 — Appeal by defendant directly to court of appeals; in what cases authorized, https://www.­nysenate.­gov/legislation/laws/CPL/450.­70 (updated Sep. 22, 2014; accessed Feb. 28, 2026).

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Verified:
Feb. 28, 2026

Last modified:
Sep. 22, 2014

§ 450.70. Appeal by defendant directly to court of appeals's source at nysenate​.gov

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