New York Court of Appeals, 2011

Biton v. State of New York

Biton v. State of New York
New York Court of Appeals · Decided September 15, 2011
954 N.E.2d 1165; 17 N.Y.3d 845; 930 N.Y.S.2d 539 (North Eastern Reporter, Second Series)

Biton v. State of New York

Opinion

Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First 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]; CPLR 5601 [b] [2]). Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain the motion (NY Const, art VI, § 3 [b]; CPLR 5602 [a]). Motion for ancillary relief denied.

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