Legal Opinion

In re Anonymous

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1989PublishedCited by 5 opinions

1Opinion of the Court

Petition unanimously dismissed without costs. Memorandum: Prohibition will not lie to review the order of the court directing petitioner to provide a blood sample for use in the prosecution of a criminal action charging him with attempted murder by attempting to infect three police officers with the HIV virus by biting them (see, Matter of James N. v D’Amico, 139 AD2d 302, Iv denied 73 NY2d 703). County Court acted within its authorized powers in compelling petitioner to give blood. CPL 240.40 (2) (a) (v) *1029specifically authorizes such an order in a criminal case and, thus, the powers of the…

2Cases cited2 opinions

  1. In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
  2. James N. v. D'AmicoAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by5 opinions

  1. Doe v. ConnellAppellate Division of the Supreme Court of the State of New York · 1992
  2. Ford v. VaughanAppellate Division of the Supreme Court of the State of New York · 1993
  3. Weissman v. LangeAppellate Division of the Supreme Court of the State of New York · 2004
  4. Tucker v. BuscagliaAppellate Division of the Supreme Court of the State of New York · 1999
  5. In re Gribetz, New York County Courts1994

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