Marcos POVENTUD, Plaintiff-Appellant,
v.
CITY OF NEW YORK; 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.https://leagle.com/images/logo.png
Argued September 25, 2013.
Decided January 16, 2014.
Attorney(s) appearing for the Case
Joel B. Rudin , Law Offices of Joel B. Rudin, New York, NY ( Julia P. Kuan , Romano & Kuan, New York, NY, on the brief), for Plaintiff-Appellant Marcos Poventud.
Michael B. Kimberly , Mayer Brown LLP, Washington, D.C. ( Richard D. Willstatter , National Association of Criminal Defense Lawyers, White Plains, NY; Marc Fernich , New York State Association of Criminal Defense Lawyers, New York, NY; Charles A. Rothfeld , Paul W. Hughes , Mayer Brown LLP, Washington, D.C.; on the brief), for Amicus Curiae National and New York State Associations of Criminal Defense Lawyers.
Caitlin Halligan ( Hilary Hassler , Assistant District Attorney, New York County; Steven A. Bender , Assistant District Attorney, Westchester County; Morrie I. Kleinbart , Assistant District Attorney, Richmond County; Itamar J. Yeger , Assistant District Attorney, Rockland County; on the brief), for Kathleen M. Rice , President, District Attorneys Association of the State of New York, New York, NY, for Amicus Curiae District Attorneys Association of the State of New York.
Barbara Underwood , Solicitor General ( Richard Dearing , Deputy Solicitor General; Won S. Shin , Assistant Solicitor General; on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, New York, NY, for Amici Curiae States of New York, Connecticut, and Vermont.
LIVINGSTON, J. filed a dissenting opinion in which JACOBS, CABRANES, RAGGI, and DRONEY, JJ., joined.
United States Court of Appeals, Second Circuit.
RICHARD C. WESLEY, Circuit Judge:
In June 1998, Marcos Poventud was convicted of attempted murder in the second degree and several other related crimes. New York courts upheld Poventud's conviction on appeal. People v. Poventud,300 A.D.2d 223, 752 N.Y.S.2d 654 (1st Dep't 2002), leave denied, 1 N.Y.3d 578, 775 N.Y.S.2d 794, 807 N.E.2d 907 (2003). In 2004, Poventud successfully...
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