N.Y. Criminal Procedure Law 450.70 – Appeal by defendant directly to court of appeals; in what cases authorized
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§ 450.70 Appeal by defendant directly to court of appeals; in what
Terms Used In N.Y. Criminal Procedure Law 450.70
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
cases authorized.
An appeal directly to the court of appeals may be taken as of right by the defendant from the following judgment and orders of a superior court:
1. A judgment including a sentence of death;
2. An order denying a motion, made pursuant to section 440.10, to vacate a judgment including a sentence of death;
3. An order denying a motion, made pursuant to section 440.20, to set aside a sentence of death;
4. An order denying a motion, made pursuant to paragraph (d) of subdivision eleven of section 400.27, to set aside a sentence of death.