| People etc., ex rel. Dexter Wash. v David F. Napoli, as Supt. of Southport Correctional Facility |
| Motion No: |
| Slip Opinion No: 2010 NY Slip Op 70235 |
| Decided on May 04, 2010 |
| 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. |
The People etc., ex rel. Dexter Washington,
Appellant,
v
David F. Napoli, as Superintendent of Southport Correctional Facility,
Respondent.
Appeal dismissed without costs, by the Courtsua sponte, upon the ground that no substantial constitutional question is directly involved. In this case, appellant's challenge to his status as a second violent felony offender was decided below on the basis that this claim had already been unsuccessfully litigated and was therefore barred by collateral estoppel.