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People ex rel. Peters v. Dalsheim

57 N.Y.2d 725 Court N.Y. Decision date 1982-09-08 English

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p. 725
The People of the State of New York ex rel. Joseph Peters, Also Known as Peta, Appellant, v Stephen Dalsheim, as Superintendent of Downstate Correctional Facility, Respondent.
Decided September 8, 1982

Appeal transferred to the Appellate Division, Second Department, without costs, by the Court of Appeals sua sponte. 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 ).

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