N.Y. Crim. Proc. Law § 450.70

§ 450.70 Appeal by defendant directly to court of appeals; in what\n cases authorized.\n An appeal directly to the court of appeals may be taken as of right by\nthe defendant from the following judgment and orders of a superior\ncourt:\n 1. A judgment including a sentence of death;\n 2. An order denying a motion, made pursuant to section 440.10, to\nvacate a judgment including a sentence of death;\n 3. An order denying a motion, made pursuant to section 440.20, to set\naside a sentence of death;\n 4. An order denying a motion, made pursuant to paragraph (d) of\nsubdivision eleven of section 400.27, to set aside a sentence of death.\n