Section 450.70 - Appeal by defendant directly to court of appeals; in what cases authorizedAn 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.N.Y. Crim. Proc. Law § 450.70