Case held, decision reserved and matter remitted to Cattaraugus County Court for further proceedings, in accordance with the following memorandum: The sole issue on this appeal is whether defendant was denied his right to counsel prior to indictment. The record reveals that when he was arrested on August 18, 1982 and advised of his rights, he requested an attorney. There is a dispute in the record as to what transpired when defendant was arraigned before the Town Justice...
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