Majority
p. 714The People of the State of New York ex rel. Sam Polur, on Behalf of Arthur Johnson, Appellant, v John Cunningham, as Warden of Bronx Men’s House of Detention, Respondent. Submitted June 23, 1986; decided July 3, 1986
Appeal transferred, without costs, to the Appellate Division, First Department, by the court sua sponte. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b3; CPLR 5601 [b] [2]).