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

§ 450.10 Appeal by defendant to intermediate appellate court; in what\n cases authorized as of right.\n An appeal to an intermediate appellate court may be taken as of right\nby the defendant from the following judgment, sentence and order of a\ncriminal court:\n 1. A judgment other than one including a sentence of death, unless\nthe appeal is based solely upon the ground that a sentence was harsh or\nexcessive when such sentence was predicated upon entry of a plea of\nguilty and the sentence imposed did not exceed that which was agreed to\nby the defendant as a condition of the plea and set forth on the record\nor filed with the court as required by subdivision five of section\n220.50 or subdivision four of section 340.20;\n 2. A sentence other than one of death, as prescribed in subdivision\none of section 450.30, unless the appeal is based solely upon the ground\nthat a sentence was harsh or excessive when such sentence was predicated\nupon entry of a plea of guilty and the sentence imposed did not exceed\nthat which was agreed to by the defendant as a condition of the plea and\nset forth in the record or filed with the court as required by\nsubdivision five of section 220.50 or subdivision four of section\n340.20;\n 3. A sentence including an order of criminal forfeiture entered\npursuant to section 460.30 of the penal law with respect to such\nforfeiture order.\n 4. An order, entered pursuant to section 440.40, setting aside a\nsentence other than one of death, upon motion of the People.\n 5. An order denying a motion, made pursuant to subdivision one-a of\nsection 440.30, for forensic DNA testing of evidence.\n