N.Y. Crim. Proc. Law § 450.15

§ 450.15 Appeal by defendant to intermediate appellate court; in what\n cases authorized by permission.\n If an appeal by defendant is not authorized as of right pursuant to\nsection 450.10, the defendant may appeal from the following orders of a\ncriminal court, provided that a certificate granting leave to appeal is\nissued pursuant to section 460.15:\n 1. An order denying a motion, made pursuant to section 440.10, to\nvacate a judgment other than one including a sentence of death;\n 2. An order denying a motion by the defendant made pursuant to\nsection 440.20, to set aside a sentence other than one of death;\n 3. A sentence which is not otherwise appealable as of right pursuant\nto subdivision one or two of section 450.10.\n