
    The People of the State of New York ex rel. Philip Dinitz, Appellant, v Bruce Sullivan, as Warden of the New York City Correctional Institution for Men, et al., Respondents.
    Decided September 20, 1988
   Appeal transferred to the Appellate Division, First Department, without costs, by the Court of Appeals sua sponte, 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 M [2]).  