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COUSART v. HAMMOCK

No. 1477, Docket 84-2079.

745 F.2d 776 (1984)

Frank COUSART, Petitioner-Appellant, v. Edward R. HAMMOCK, Chairman, New York State Board of Parole, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 28, 1984.

Attorney(s) appearing for the Case

Abraham Werfel, Jamaica, N.Y., for petitioner-appellant.

Jo Ann Becker, New York City (Robert Abrams, Atty. Gen. of the State of New York, Judith T. Kramer, Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before Van GRAAFEILAND and WINTER, Circuit Judges, and COFFRIN, District Judge.

WINTER, Circuit Judge:

Since Judge Wexler's opinion, 580 F.Supp. 259 (E.D.N.Y.1984), familiarity with which is assumed, sets out the facts in detail, we need only summarize them briefly. Petitioner Cousart was convicted in June, 1975, in a New York state court of possessing and selling a controlled substance. A timely notice of appeal was filed but Cousart was incarcerated pending that appeal. The New York Appellate Division appointed...

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