PEOPLE EX REL. ROSARIO v. VALLEE, 38 N.Y.2d 1006 (1976)

THE PEOPLE OF THE STATE OF NEW YORK ex rel. NARCISO ROSARIO, Appellant, v. J.E. LA VALLEE, as Superintendent of Clinton Correctional Facility, Respondent.

Court of Appeals of the State of New York.
Decided March 30, 1976

Appeal from the Supreme Court,

Page 1007

Clinton County.

Narciso Rosario, appellant pro se.

Appeal transferred, without costs, by the Court of Appeals sua sponte to the Appellate Division, Third Department. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2 Matter of Bartsch v State of New York, 33 N.Y.2d 938).