PEOPLE EX REL. MALINOWSKI v. CASSCLES


53 A.D.2d 954 (1976)

The People of the State of New York ex rel. George Malinowski, Appellant, v. J. Leland Casscles, as Superintendent of Great Meadow Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 8, 1976


In this proceeding petitioner challenges the constitutionality of CPL 720.10 (subd 2, par [a]). An appeal from the order of the Supreme Court was taken directly to the Court of Appeals which, on its own motion, transferred the appeal to this court on the ground questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York,

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