
    The People of the State of New York ex rel. Narciso Rosario, Appellant, v J. E. La Vallee, as Superintendent of Clinton Correctional Facility, Respondent.
    Decided March 30, 1976
    
      
      Narciso Rosario, appellant pro se.
    
   Appeal transferred, without costs, by the Court of Appeals sua sponte to the Appellate Division, Third 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, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938).  