
    The People of the State of New York ex rel. Teddy Lewis, Appellant, v Harold Graham, as Superintendent of Auburn Correctional Facility, Respondent.
    Submitted January 7, 2008;
    decided January 15, 2008
   Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Fourth 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 [bj [2]).  