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.
New York Legal Code