STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
GREGORY DEAN SMITH, DEFENDANT-APPELLANT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued November 18, 1992.
Decided February 17, 1993.
Attorney(s) appearing for the Case
Ronald L. Kuby argued the cause for appellant (William M. Kunstler, Center for Constitutional Rights, and Justin Loughry of the firm Tomar, Simonoff, Adourian & O'Brien, on the brief).
Roseann A. Finn, Assistant Prosecutor, argued the cause for respondent (Edward F. Borden, Jr., Camden County Prosecutor, attorney; Ms. Finn, on the brief).
Robert J. Del Tufo, Attorney General of New Jersey, filed a brief amicus curiae (Jeffrey L. Weinstein, Deputy Attorney General, of counsel and on the brief).
American Civil Liberties Union of New Jersey and American Civil Liberties Union Foundation filed a brief amicus curiae (Debora A. Ellis and Ruth E. Harlow, on the brief; William B. Rubenstein, American Civil Liberties Union Foundation, of counsel; Evan Wolfson, Lambda Legal Defense & Education Fund, of counsel).
Zulima V. Farber, Public Defender of New Jersey, filed a brief amicus curiae (Audrey Bomse, Assistant Deputy Public Defender, of counsel; Alice K. Dueker, on the brief).
Before Judges KING, LANDAU and THOMAS.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by KING, P.J.A.D.
Defendant was a county jail inmate at the time of this criminal episode on June 11, 1989. He had, and knew he had, the human immunodeficiency virus (HIV). On several occasions before June 11 he had threatened to kill corrections officers by biting or spitting at them. On that day he bit an officer's hand causing puncture wounds of the skin during a struggle which...
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