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POVENTUD v. CITY OF NEW YORK

Docket No. 12-1011-cv.

715 F.3d 57 (2013)

Marcos POVENTUD, Plaintiff-Appellant, v. CITY OF NEW YORK; Robert T. Johnson, in his official capacity as District Attorney for Bronx County; Frankie Rosado, Kenneth Umlauft, Christopher Dolan, and Daniel Toohey, individually and as members of the New York City Police Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 19, 2013.

Attorney(s) appearing for the Case

Joel B. Rudin, Esq. , Law Offices of Joel B. Rudin, New York, NY, and Julia P. Kuan , Romano & Kuan, New York, NY, for Plaintiff-Appellant.

Mordecai Newman , Larry A. Sonnenshein , and Rachel Seligman Weiss , of counsel, for Michael A. Cardozo , Corporation Counsel of the City of New York, for Defendants-Appellees.

Chief Judge JACOBS dissents in a separate opinion.

CALABRESI, Circuit Judge:

In June 1998, plaintiff-appellant Marcos Poventud was convicted of attempted murder in the second degree, attempted robbery in the first degree, assault in the first degree, and criminal possession of a weapon in the second degree. He was sentenced to 10 to 20 years in prison. Poventud ultimately succeeded in having his conviction vacated, but the prosecution appealed, and Poventud was denied bail. Rather than await a new trial in custody...

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