¶1Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions *832other than the constitutional validity of a statutory provision are involved (NY Const, art VI, §3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).
86 N.Y.2d 831
Prodell v. State
Decided September 21, 1995
New York Court of Appeals · decided 1995-09-21
Decided 1995-09-21