In re Anonymous
Appellate Division of the Supreme Court of the State of New York
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
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- James N. v. D'AmicoAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by5 opinions
- Doe v. ConnellAppellate Division of the Supreme Court of the State of New York · 1992
- Ford v. VaughanAppellate Division of the Supreme Court of the State of New York · 1993
- Weissman v. LangeAppellate Division of the Supreme Court of the State of New York · 2004
- Tucker v. BuscagliaAppellate Division of the Supreme Court of the State of New York · 1999
- In re Gribetz, New York County Courts1994