§  450.70 Appeal  by  defendant directly to court of appeals; in what cases authorized. 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.