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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.