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WHALEY v. RODRIGUEZ

No. 226, Docket 87-2212.

840 F.2d 1046 (1988)

Zenous WHALEY, Petitioner-Appellee, v. Ramon J. RODRIGUEZ, Chairman, New York Board of Parole, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 10, 1988.

Attorney(s) appearing for the Case

Richard T. Faughnan, Asst. Dist. Atty., Brooklyn, N.Y., (Elizabeth Holtzman, Dist. Atty., and Barbara D. Underwood, Asst. Dist. Atty., Brooklyn, N.Y., of counsel), for respondent-appellant.

Lynn W.L. Fahey, The Legal Aid Society, New York City (Philip L. Weinstein, New York City, of counsel), for petitioner-appellee.

Before VAN GRAAFEILAND, MESKILL and NEWMAN, Circuit Judges.

VAN GRAAFEILAND, Senior Circuit Judge:

Ramon J. Rodriguez, Chairman of the New York Board of Parole, appeals from a 1987 judgment of the United States District Court for the Eastern District of New York (Weinstein, C.J.) which granted Zenous Whaley's petition for habeas corpus relief and vacated a 1979 judgment of the Supreme Court, Kings County, convicting Whaley of first degree robbery and second degree assault. Although clothed in the

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