Majority
p. 790The People of the State of New York ex rel. Jose De Jesus, Appellant, v New York State Board of Parole et al., Respondents. Submitted April 24, 1978; decided April 27, 1978
On the court’s own motion, appeal transferred to the Appellate Division, First Department, without costs (NY Const, art VI, § 5, subd b). The direct appeal to this court does not lie since there is no substantial question involved as to the constitutional validity of a statutory provision.
Motion to prosecute appeal as a poor person and for assignment of counsel and for a preference dismissed as academic.