
    The People of the State of New York ex rel. Carlos DeLeon, Appellant, v Charles Scully, as Superintendent of Green Haven Correctional Facility, Respondent.
    Decided September 17, 1985
   Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Second Department. 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 [b]; CPLR 5601 [b] [2]).  