Section 450.10. Appeal by defendant to intermediate appellate court; in what cases authorized as of right

An appeal to an intermediate appellate court may be taken as of  right
  by  the  defendant  from the following judgment, sentence and order of a
  criminal court:
    1.  A judgment other than one including a sentence  of  death,  unless
  the  appeal is based solely upon the ground that a sentence was harsh or
  excessive when such sentence was predicated upon  entry  of  a  plea  of
  guilty  and the sentence imposed did not exceed that which was agreed to
  by the defendant as a condition of the plea and set forth on the  record
  or  filed  with  the  court  as  required by subdivision five of section
  220.50 or subdivision four of section 340.20;
    2.  A sentence other than one of death, as prescribed  in  subdivision
  one of section 450.30, unless the appeal is based solely upon the ground
  that a sentence was harsh or excessive when such sentence was predicated
  upon  entry  of a plea of guilty and the sentence imposed did not exceed
  that which was agreed to by the defendant as a condition of the plea and
  set forth in  the  record  or  filed  with  the  court  as  required  by
  subdivision  five  of  section  220.50  or  subdivision  four of section
  340.20;
    3. A sentence  including  an  order  of  criminal  forfeiture  entered
  pursuant  to  section  460.30  of  the  penal  law  with respect to such
  forfeiture order.
    4. An order, entered pursuant  to  section  440.40,  setting  aside  a
  sentence other than one of death, upon motion of the People.
    5.  An  order  denying a motion, made pursuant to subdivision one-a of
  section 440.30, for forensic DNA testing of evidence.