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ELCOCK v. HENDERSON

Nos. 1468, 1719, Dockets 91-2049, 91-2051.

947 F.2d 1004 (1991)

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

United States Court of Appeals, Second Circuit.

Decided October 17, 1991.

Attorney(s) appearing for the Case

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

Pamela L. Milgrim, Asst. Dist. Atty., Brooklyn, N.Y. (Charles J. Hynes, Dist. Atty., Kings County, Jay M. Cohen, Asst. Dist. Atty., Brooklyn, N.Y., on the brief), for respondent-appellee-cross-appellant.

Before KEARSE, MAHONEY, and SNEED, Circuit Judges.

KEARSE, Circuit Judge:

Petitioner Wendell Elcock is a New York State prisoner whose appeal from his conviction in state court took 8½ years. A due process claim based on that delay was first raised in federal court on a prior appeal to this Court from the dismissal of a petition for habeas corpus on other grounds. See Elcock v. Henderson, 902 F.2d 219 (2d Cir.1990) (per curiam). We remanded to the United States District...

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