Giannell v. State

Motion to dismiss the appeal herein granted to the extent that the appeal is transferred to the Appellate Division, Third Department, without costs, upon the ground that a direct appeal does not lie since questions other than the constitutional validity of a statutory provision are involved and no substantial constitutional question is involved (NY Const, art VI, § 5, subd b; CPLR 5601, subd [b], par 2).