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HURD v. FREDENBURGH

Docket No. 19-3482 August Term 2020.

984 F.3d 1075 (2021)

Devar HURD, Plaintiff-Appellant, v. Stacey FREDENBURGH, in Her Individual Capacity, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 12, 2021.

Attorney(s) appearing for the Case

JACOB LOUP ( Joel B. Rudin , on the brief), Law Offices of Joel B. Rudin, P.C., New York, NY, for Plaintiff-Appellant.

LINDA FANG , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Anisha S. Dasgupta , Deputy Solicitor General, on the brief), for Letitia James , Attorney General of the State of New York, New York, NY, for Defendant-Appellee.

Before: WALKER, KATZMANN, WESLEY, Circuit Judges.

Devar Hurd was charged in a single state indictment with nine misdemeanors and one felony, which took three trials to resolve. He remained in local custody throughout the lengthy trial process. Hurd received a sentence specific to each conviction, but those sentences merged into one by operation of New York law. When Hurd...

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