Majority
p. 643The People of the State of New York ex rel. Edward S. McCaulley, Appellant, v. J. Edwin La Vallee, as Warden of Auburn Prison, Respondent.
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. (Appeal from order of Cayuga Special Term denying writ of habeas corpus.) Present — Bastow, J. P., Goldman, Henry, Del Vecehio and Marsh, JJ.