
    The People of the State of New York ex rel. Nathaniel Sims, Appellant, v Wayne Barkley, as Superintendent of the Riverview Correctional Facility, et al., Respondents.
    Submitted June 24, 1996;
    decided July 9, 1996
   Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Third 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 [b] [2]).  