Schoonmaker v. State

Full title: EARL F. SCHOONMAKER, Appellant, v. STATE OF NEW YORK et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Nov 20, 1975

38 N.Y.2d 742 (N.Y. 1975)

Opinion

Decided November 20, 1975

Appeal from the Supreme Court, Ulster County, EDWARD S. CONWAY, J.

Peter H. Harp for appellant.

Appeal transferred by the Court of Appeals sua sponte 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.)