Opinion
December 8, 1966
Appeal from the Cayuga Special Term.
Present — Bastow, J.P., Goldman, Henry, Del Vecchio and Marsh, JJ.
Order unanimously reversed and matter remitted to Cayuga County Supreme Court for further proceedings in accordance with memorandum. Memorandum: Appellant's application for a writ of habeas corpus was erroneously denied and should be now granted. Issues were presented by the petition that required a hearing. Upon such hearing relator, if he so requests, is entitled to assignment of counsel.