Shawn Moynihan v State of New York

Motion No: 929

Slip Opinion No: 2008 NYSlipOp 86904

Decided on October 23, 2008

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

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

Shawn Moynihan, Appellant, v. State of New York, Respondent.

On the Court's own motion, appeal transferred, without costs, to the Appellate Division, Third Department, upon the ground that the direct appeal does not lie (NY Const, art VI, 3[b][2]; 5[b]; CPLR 5601[b][2]).

Motion for poor person relief dismissed as academic.