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Section 450.10 – Appeal by defendant to intermediate appellate court; in what cases authorized as of right

May 14, 2021 | Criminal Procedure, New York

An appeal to an intermediate appellate court may be taken as of right by the defendant from the following judgment, sentence and order of a criminal court:

1. A judgment other than one including a sentence of death, unless the appeal is based solely upon the ground that a sentence was harsh or excessive when such sentence was predicated upon entry of a plea of guilty and the sentence imposed did not exceed that which was agreed to by the defendant as a condition of the plea and set forth on the record or filed with the court as required by subdivision five of section 220.50 or subdivision four of section 340.20;
2. A sentence other than one of death, as prescribed in subdivision one of section 450.30, unless the appeal is based solely upon the ground that a sentence was harsh or excessive when such sentence was predicated upon entry of a plea of guilty and the sentence imposed did not exceed that which was agreed to by the defendant as a condition of the plea and set forth in the record or filed with the court as required by subdivision five of section 220.50 or subdivision four of section 340.20;
3. A sentence including an order of criminal forfeiture entered pursuant to section 460.30 of the penal law with respect to such forfeiture order.
4. An order, entered pursuant to section 440.40, setting aside a sentence other than one of death, upon motion of the People.
5. An order denying a motion, made pursuant to subdivision one-a of section 440.30, for forensic DNA testing of evidence.

N.Y. Crim. Proc. Law ยง 450.10