CPL § 450.15

Appeal by defendant to intermediate appellate court; in what cases authorized by permission · as in force on May 31, 2026

§ 450.15 Appeal by defendant to intermediate appellate court; in what

cases authorized by permission.

If an appeal by defendant is not authorized as of right pursuant to section 450.10, the defendant may appeal from the following orders of a criminal court, provided that a certificate granting leave to appeal is issued pursuant to section 460.15:

1. An order denying a motion, made pursuant to section 440.10, to vacate a judgment other than one including a sentence of death;

2. An order denying a motion by the defendant made pursuant to section 440.20, to set aside a sentence other than one of death;

3. A sentence which is not otherwise appealable as of right pursuant to subdivision one or two of section 450.10.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/450.15

In plain English

When § 450.10 does not give a defendant an appeal as of right, the defendant may appeal the following only with a leave certificate under § 460.15: ★

(1) Denial of a § 440.10 motion to vacate a non-death judgment.
(2) Denial of the defendant’s § 440.20 motion to set aside a non-death sentence.
(3) A sentence not otherwise appealable as of right under § 450.10(1) or (2).

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.