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ELCOCK v. HENDERSON

No. 868, Docket 89-2273.

902 F.2d 219 (1990)

Wendell ELCOCK, Petitioner-Appellant, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 3, 1990.

Attorney(s) appearing for the Case

Ronald Cohen, New York City, for petitioner-appellant.

Pamela L. Milgrim, Asst. Dist. Atty. Brooklyn, N.Y., (Charles J. Hynes, Dist. Atty., Kings County, Brooklyn, N.Y., Jay M. Cohen, Asst. Dist. Atty., of counsel), for respondent-appellee.

Before LUMBARD, MINER and MAHONEY, Circuit Judges.

PER CURIAM:

Wendell Elcock appeals from a judgment of the District Court for the Eastern District of New York (Nickerson, J.), entered on May 24, 1989, denying his habeas corpus petition and denying sub silentio his motion for appointment of counsel to assist in the preparation of his petition. We vacate and remand for appointment of counsel.

Elcock was convicted in the New York Supreme Court, Kings County, on September 7, 1978 of second degree murder...

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