Judgment reversed on the law, without costs, and proceeding remitted to the court below for the purpose of: (1) holding a further hearing; (2) assigning counsel to represent relator on such hearing; and (3) making a determination de novo on the basis of the proof adduced upon such hearing.
No questions of fact were considered. The court below should not have disregarded relator's request that counsel be appointed to represent him (see People v. Hughes
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