United States Second Circuit

Absolute prosecutorial immunity extends to the conduct of prosecutors after conviction while a direct appeal is pending, and a prosecutor who retains evidence after a conviction while an appeal is pending is acting in her capacity as an advocate, and thus entitled to prosecutorial immunity.

Appellate Information

• Argued 11/07/2000
• Decided 01/04/2001
• Published 01/05/2001

Judges

• STRAUB, Circuit Judge:, Before KEARSE, McLAUGHLIN, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• George A. Huwel,Huwel & Mulhern, Franklin Square, NY, for Plaintiff-Appellee., Michael J. Hutter, Thuillez, Ford, Gold & Johnson (Karen A. Butler, On the Brief), Albany, NY, for Defendants-Appellants.