
    The People of the State of New York ex rel. Kenneth Hajduchik, Appellant, v Warden, New York City House of Detention for Men, Respondent.
    Submitted March 12, 1979;
    decided March 29,1979
   On the court’s own motion, appeal transferred, without costs, to the Appellate Division, First 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). Motion for assignment of counsel dismissed as academic.  