{"jurisdiction": "us-ny", "code": "cpl", "section": "450.15", "citation": "CPL § 450.15", "heading": "Appeal by defendant to intermediate appellate court; in what cases authorized by permission", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/CPL/450.15", "from_official_api": true, "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**: ★\n\n- **(1)** Denial of a **§ 440.10** motion to vacate a non-death judgment.\n- **(2)** Denial of the defendant’s **§ 440.20** motion to set aside a non-death sentence.\n- **(3)** A sentence not otherwise appealable as of right under **§ 450.10(1) or (2)**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/450.15", "publisher": "Elyphived LLC"}