Order reversed and proceeding remitted to the Criminal Term of the Supreme Court, Kings County, for the purpose of: (a) holding a further hearing on the facts; and (b) making a determination de novo on the basis of the proof adduced upon such further hearing.
Relator claims that, on the return of his writ of habeas corpus, his attorney requested that he be permitted to argue the law only and that the hearing on the facts be reserved for a later date. This is...
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