N.Y. Crim. Proc. Law § 450.80

§ 450.80 Appeal by people directly to court of appeals; in what cases\n authorized.\n An appeal directly to the court of appeals may be taken as of right by\nthe people from the following orders of a superior court:\n 1. An order, entered pursuant to section 440.10, vacating a judgment\nincluding a sentence of death;\n 2. An order, entered pursuant to section 440.20, setting aside a\nsentence of death\n 3. An order, entered pursuant to paragraph (d) of subdivision eleven\nof section 400.27, setting aside a sentence of death;\n 4. An order, entered pursuant to subdivision twelve of section 400.27,\nsetting aside a sentence of death.\n