Zenous Whaley v. Ramon J. Rodriguez, Chairman, New York Board of Parole

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 garb of ineffective assistance of counsel, the district court’s decision, 656 F.Supp. 1512, was in fact an interpretation of New York’s Speedy Trial Act,…