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WHALEY v. RODRIGUEZ

No. 86-CV-940 (JBW).

656 F.Supp. 1512 (1987)

Zenous WHALEY, Petitioner, v. Ramon RODRIGUEZ, Chairman, N.Y. Board of Parole, Respondent.

United States District Court, E.D. New York.

April 8, 1987.

Attorney(s) appearing for the Case

The Legal Aid Society, New York City by Lynn W.L. Fahey, Andrew Abraham, for petitioner Zenous Whaley.

Elizabeth Holtzman, Dist. Atty. of Kings County, Brooklyn, N.Y. by Richard T. Faughnan, for respondent.

MEMORANDUM AND ORDER

WEINSTEIN, Chief Judge.

Petitioner seeks a writ of habeas corpus claiming ineffective assistance of counsel. He alleges failure of his state court trial attorney to move for dismissal after a violation of New York's Speedy Trial Act. N.Y.Crim.Proc.Law § 30.30. The writ must be granted for the reasons stated below.

I. Facts

a) Chronology

On April 15, 1977, an attempted armed robbery occurred...

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