Majority
p. 865The People of the State of New York ex rel. Richard Graham, Appellant, v Robert McClellan, as Superintendent of Southport Correctional Facility, Respondent. Submitted February 11, 1991; decided February 14, 1991
Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).