Frank Cousart v. Edward R. Hammock, Chairman, New York State Board of Parole

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 a succession of attorneys to represent Cousart, some of whom later discovered conflicts of interest and one of whom was replaced on Cousart’s pro se motion to…