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PEOPLE v. RODRIGUEZ

214 A.D.2d 347 (1995)

625 N.Y.S.2d 20

The People of the State of New York, Respondent, v. Juan Rodriguez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 6, 1995

The People were entitled to compel defendant to undergo an AIDS blood test as this evidence was material to a charge of attempted murder. Although defendant was within his rights to assert his right to privacy, any prejudice from the resulting delay was a risk he deliberately assumed by his conduct (People v Etheridge, 116 Misc.2d 98, 101-102). Defendant may not use his right as both a sword and a shield by claiming that the...

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