CPL § 450.70

Appeal by defendant directly to court of appeals; in what cases authorized · as in force on May 31, 2026

§ 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/450.70

In plain English

A defendant may appeal directly to the Court of Appeals as of right from these superior-court matters:

(1) A judgment that includes a death sentence. ★
(2) Denial of a § 440.10 motion to vacate such a judgment.
(3) Denial of a § 440.20 motion to set aside a death sentence.
(4) Denial of the specified § 400.27(11)(d) motion to set aside a death sentence.

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.