| Keith Pooler v State of New York |
| Motion No: |
| Slip Opinion No: 2019 NY Slip Op 78392 |
| Decided on August 29, 2019 |
| 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. |
Keith Pooler,
Appellant,
v
State of New York,
Respondent.
Appeal transferred without costs, by the Courtsua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (see NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]).