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People ex rel. Hajduchik v. Warden, New York City House of Detention for Men

46 N.Y.2d 1038 Court N.Y. Decision date 1979-03-29 English

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p. 1038
The People of the State of New York ex rel. Kenneth Hajduchik, Appellant, v Warden, New York City House of Detention for Men, Respondent.
Submitted March 12, 1979;
decided March 29,1979

On the court’s own motion, appeal transferred, without costs, to the Appellate Division, First Department. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938 ). Motion for assignment of counsel dismissed as academic.

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