| Matter of Victor Altheus DePonceau v The State of New York |
| Motion No: |
| Slip Opinion No: 2010 NY Slip Op 88503 |
| Decided on November 23, 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. |
In the Matter of Victor Altheus DePonceau,
Appellant,
v
The State of New York,
Respondent.
Appeal dismissed without costs, by the Courtsua sponte, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (see CPLR 5601).