
    The People of the State of New York ex rel. Samuel Barber, Appellant, v. Edward M. Fay, as Warden of Green Haven State Prison, Respondent.
   On the court’s own motion, its decision dated April 11, 1966 is amended to read as follows: In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess 'County, entered January 22, 1965, which, after a hearing, dismissed the writ and remanded relator to custody. 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 nono 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, 15 N Y 2d 172).

Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.  