People ex rel. Allah v. Leonardo — 79 N.Y.2d 804

Majority

p. 804

The People of the State of New York ex rel. Malik Allah, Appellant, v Arthur Leonardo, as Superintendent of Great Meadow Correctional Facility, Respondent.

Submitted December 16, 1991;

decided December 19, 1991

Appeal 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 other than the constitutional validity of a statutory provision

p. 805

are involved (NY Const, art VI, §3 [b] [2]; § 5 [b]; CPLR 5601 M [2]).