New York Court of Appeals

Court: HIV-positive man's spitting is not aggravated assault

SDGLN Staff
June 7th, 2012

NEW YORK -- New York Court of Appeals today dismissed an aggravated assault conviction based on HIV status and remitted the case back to Herkimer County Court for resentencing.

"This is a terrific development. The Court clarified that saliva - like other body parts - cannot be considered a dangerous instrument under New York penal law," said Scott Schoettes, HIV Project Director at Lambda Legal.

New York appeals court urged to reject felony charge based on HIV status

SDGLN Staff
April 25th, 2012

NEW YORK -- Lambda Legal has filed a friend-of-the-court brief in the New York Court of Appeals urging the court to drop the aggravated assault charge leveled at a criminal defendant based on his HIV status.

"The last time I checked, being HIV-positive is not a crime," said Scott Schoettes, HIV Project director at Lambda Legal. "And a person should not face criminal punishment -- or, as in this case, significantly enhanced penalties -- simply because he or she happens to be living with HIV."