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PEOPLE v. P.

246 A.D.2d 608 (1998)

667 N.Y.S.2d 298

The People of the State of New York, Respondent, v. Donald P., Appellant

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

January 20, 1998

Ordered that the motion to reargue is referred to the Bench which determined Matter of Donald P. v Palmieri; and it is further,

Ordered that the judgment is affirmed.

The only issue raised on appeal concerned the County Court's authority to direct the defendant to submit to an HIV test pursuant to CPL 390.15, which issue is not cognizable on an appeal from a judgment of conviction and which is determined in Matter of Donald P. v Palmieri (

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