On the court's own motion, appeal transferred, without costs, to the Appellate Division Fourth Department. 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,
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PEOPLE EX REL. MOCCIO v. HENDERSON
39 N.Y.2d 901 (1976)
The People of the State of New York ex rel. Carmine Moccio, Appellant, v. Robert J. Henderson, as Superintendent of Auburn Correctional Facility, et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Decided June 8, 1976.
Decided June 8, 1976.
Attorney(s) appearing for the Case
Carmine Moccio, appellant pro se.
Court of Appeals of the State of New York.
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