Section 450.15 - Appeal by defendant to intermediate appellate court; in what cases authorized by permissionIf 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 § 450.15