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People ex rel. Littlejohn v. Warden

30 N.Y.2d 860 Court N.Y. Decision date 1972-06-07 English

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p. 860
The People of the State of New York ex rel. James A. Littlejohn, Appellant, v. Warden, New York City Correctional Institution for Men, Respondent. (And Other Proceedings.)
Submitted June 6, 1972
decided June 7, 1972.

Motion for a preference denied. On the court’s own motion, direct appeal dismissed, without costs, in the following memorandum: The appeal sought to be taken by relators directly to the Court of Appeals from the Supreme Court’s order does not lie under CPLR 5601 (subd. [b], par. 2), since a question other than the constitutionality of statutory provisions is involved. Accordingly, since the court has no jurisdiction to hear the appeal, the motion for a preference should be denied.