N.Y. CPL Law § 450.90

§ 450.90 Appeal to court of appeals from order of intermediate appellate\n court; in what cases authorized.\n 1. Provided that a certificate granting leave to appeal is issued\npursuant to section 460.20, an appeal may, except as provided in\nsubdivision two, be taken to the court of appeals by either the\ndefendant or the people from any adverse or partially adverse order of\nan intermediate appellate court entered upon an appeal taken to such\nintermediate appellate court pursuant to section 450.10, 450.15, or\n450.20, or from an order granting or denying a motion to set aside an\norder of an intermediate appellate court on the ground of ineffective\nassistance or wrongful deprivation of appellate counsel, or by either\nthe defendant or the people from any adverse or partially adverse order\nof an intermediate appellate court entered upon an appeal taken to such\nintermediate appellate court from an order entered pursuant to section\n440.46 or section 440.47 of this chapter. An order of an intermediate\nappellate court is adverse to the party who was the appellant in such\ncourt when it affirms the judgment, sentence or order appealed from, and\nis adverse to the party who was the respondent in such court when it\nreverses the judgment, sentence or order appealed from. An appellate\ncourt order which modifies a judgment or order appealed from is\npartially adverse to each party.\n 2. An appeal to the court of appeals from an order of an intermediate\nappellate court reversing or modifying a judgment, sentence or order of\na criminal court may be taken only if:\n (a) The court of appeals determines that the intermediate appellate\ncourt's determination of reversal or modification was on the law alone\nor upon the law and such facts which, but for the determination of law,\nwould not have led to reversal or modification; or\n (b) The appeal is based upon a contention that corrective action, as\nthat term is defined in section 470.10, taken or directed by the\nintermediate appellate court was illegal.\n