Amicus Brief in Support of Defendant Charged With Aggravated Assault Based on HIV Status

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On June 4, 2010, Lambda Legal filed a friend-of-the-court brief in a New York State appellate court, supporting dismissal of an aggravated assault criminal charge against an HIV-positive man who allegedly bit a police officer. The brief explains that the saliva of a person with HIV cannot constitute a “dangerous instrument” under New York’s Penal Law, because HIV is not transmitted by saliva.

A copy of the brief, redacted to protect the privacy of the defendant, is attached:

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