{"jurisdiction": "us-ny", "code": "cpl", "section": "450.70", "citation": "CPL § 450.70", "heading": "Appeal by defendant directly to court of appeals; in what cases authorized", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/CPL/450.70", "from_official_api": true, "plain_english": "A defendant may appeal directly to the Court of Appeals **as of right** from these superior-court matters:\n\n- **(1)** A judgment that includes a **death sentence**. ★\n- **(2)** Denial of a **§ 440.10** motion to vacate such a judgment.\n- **(3)** Denial of a **§ 440.20** motion to set aside a death sentence.\n- **(4)** Denial of the specified **§ 400.27(11)(d)** motion to set aside a death sentence.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/450.70", "publisher": "Elyphived LLC"}