People & c. ex rel. Teddy Lewis v Harold Graham, & c.

Motion No: 44 SSD 1

Slip Opinion No: 2008 NYSlipOp 61025

Decided on January 15, 2008

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law & sect; 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

The People & c. ex rel. Teddy Lewis, Appellant, v. Harold Graham, & c., Respondent.

Appeal transferred without costs, by the Court sua sponte, to the Appellate Division, Fourth Department, upon the ground that a direct appeal does not lie when questions other than the constitu- tional validity of a statutory provision are involved (NY Const, art VI, 3[b][2], 5[b]; CPLR 5601[b][2]).