
    Shawn Moynihan, Appellant, v State of New York, Respondent.
    Submitted August 4, 2008;
    decided October 23, 2008
   On the Court’s own motion, appeal transferred, without costs, to the Appellate Division, Third Department, upon the ground that the direct appeal does not lie (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]). Motion for poor person relief dismissed as academic.  