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Jones v. Smith

86 N.Y.2d 812 Court N.Y. Decision date 1995-09-14 English

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p. 812
Jimmy E. Jones, Appellant, v Luke Smith, as Acting Commissioner of the Westchester County Department of Corrections, Respondent.
Submitted August 28, 1995;
decided September 14, 1995

Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Second Department, upon the ground that a direct appeal does not lie when 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]).