Majority
p. 720Vincent A. Kemp, Appellant, v State of New York et al., Respondents. Submitted December 31, 2001; decided February 14, 2002
On the Court’s own motion, appeal dismissed, without costs, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (see, NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]). Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain it (see, NY Const, art VI, § 3 [b]; CPLR 5602). Motion for poor person relief dismissed as academic.