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. We believe it was error for the court below to disregard relator's request that counsel be appointed to represent him and to dismiss...
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