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People ex rel. Giles v. Miles

77 N.Y.2d 935 Court N.Y. Decision date 1991-04-04 English

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p. 935
The People of the State of New York ex rel. Louis Giles, Appellant, v R. Miles, as Warden of Southport Correctional Facility, Respondent.
Submitted January 22, 1991;
decided April 4, 1991

Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain the motion (NY Const, art VI, § 3 [b]; CPLR 5602 [a]). On the Court’s own motion, appeal transferred, without costs, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]). Motion for poor person relief dismissed as academic.