Schoonmaker v. State
38 N.Y.2d 742 | NY | 1975
Appeal transferred by the Court of Appeals sua sponte to the Appellate Division, Third Department, without costs. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved. (NY Const, art VI, § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938.)