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Section 450.15 – Appeal by defendant to intermediate appellate court; in what cases authorized by permission

May 14, 2021 | Criminal Procedure, New York

If an appeal by defendant is not authorized as of right pursuant to section 450.10, the defendant may appeal from the following orders of a criminal court, provided that a certificate granting leave to appeal is issued pursuant to section 460.15:

1. An order denying a motion, made pursuant to section 440.10, to vacate a judgment other than one including a sentence of death;
2. An order denying a motion by the defendant made pursuant to section 440.20, to set aside a sentence other than one of death;
3. A sentence which is not otherwise appealable as of right pursuant to subdivision one or two of section 450.10.

N.Y. Crim. Proc. Law ยง 450.15