New York statute
N.Y. Criminal Procedure Law § 450.70 — Appeal by defendant directly to court of appeals; in what cases authorized
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 450: Appeals--in What Cases Authorized and to What Courts Taken, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 450.70
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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