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Before: Jacobs, Ch.J., Newman and Pooler, C.JJ. Decided: Nov. 13, 2009 MICHAEL E. DAVIS, Second Deputy County Attorney, for DANIEL M. De LAUS, JR., Monroe County Attorney, Rochester, NY, for Defendants-Appellants. DEBORAH L. CORNWALL, (Peter J. Neufeld, Sarah Crowley, on the brief), Cochran Neufeld & Scheck, LLP, New York, NY, for Plaintiff-Appellee. Steven A. Bender and Anthony J. Servino, for Daniel M. Donovan, President of the District Attorneys Association of New York State, for amicus curiae District Attorneys Association of New York State, in support of Defendants- Appellants. Appeal by prosecutors from denial of their motion for absolute or qualified immunity by the United States District Court for the Western District of New York (Larimer, J.) in a suit alleging that the exculpatory result of post-trial DNA testing, conducted by the district attorney’s office while defending habeas and other initiatives, was not timely disclosed to plaintiff Douglas Warney, who was in jail for a murder that the DNA testing ultimately showed he did not commit. Because the testing was undertaken in connection with post-trial proceedings and was therefore integral to the advocacy function, we hold that the prosecutors enjoy absolute immunity under Imbler v. Pachtman, 424 U.S. 409, 430–31 (1976). Reversed.


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