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PEOPLE EX REL. MALINOWSKI v. CASSCLES

38 N.Y.2d 982 (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, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 25, 1976.

Attorney(s) appearing for the Case

Lanny E. Walter for motion.

Louis J. Lefkowitz, Attorney-General, opposed.

On the court's own motion, appeal transferred to the Appellate Division, Third Department, without costs. A direct appeal does not lie where 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, 33 N.Y.2d 938). In this case there is at least a procedural question as to whether habeas corpus is an...

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