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11 New York opinions name it 4 courts 1993–2008 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. J. G.green1 sentence2000G., 171 Misc 2d 440, 446, 453 [defendant who was convicted of third degree rape by way of Alford plea is subject to consequences of classification under the Sex Offender Registration Act and submitting to HIV test]). | 1 | 1 |
People v. Greengreen1 sentence2000An Alford plea may also foreclose opportunities for relief on appeal (see, People v Green, 75 NY2d 902, 904-905 [after taking an Alford plea, a defendant forfeited his right to challenge a claimed Batson violation]). | 1 | 1 |
People v. Doegreen2 sentences1996In that case Judge Daniel Palmieri of the Nassau County Court held that the statute was constitutional and that the defendant had to submit to an HIV test in a case where a defendant who was indicted for rape and sodomy in the first degree (Penal Law § 130.35 [1]; § 130.50 [1]), but pleaded guilty to attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65 [1]) even though the crime for which he was now convicted did not have "an act of sexual intercourse * * * [as] an essential element in its commission” (People v Doe, 169 Misc 2d 29, 31 [Nassau County Ct 1996]; see also, Alden 1996In that case Judge Daniel Palmieri of the Nassau County Court held that the statute was constitutional and that the defendant had to submit to an HIV test in a case where a defendant who was indicted for rape and sodomy in the first degree (Penal Law § 130.35 [1]; § 130.50 [1]), but pleaded guilty to attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65 [1]) even though the crime for which he was now convicted did not have "an act of sexual intercourse * * * [as] an essential element in its commission” (People v Doe, 169 Misc 2d 29, 31 [Nassau County Ct 1996]; see also, Alden | 1 | 1 |
Government of the Virgin Islands v. Robertsgreen2 sentences1996However, some courts have concluded that "[t]he fact that the test of the assailant’s blood would not be conclusive does not defeat the government’s interest” (Johnetta J. v Municipal Ct., 218 Cal App 3d 1255, 1281, 267 Cal Rptr 666, 682, supra; see also, Government of Virgin Is. v Roberts, 756 F Supp 898 [Virgin Is 1991]). 1996However, some courts have concluded that "[t]he fact that the test of the assailant’s blood would not be conclusive does not defeat the government’s interest” (Johnetta J. v Municipal Ct., 218 Cal App 3d 1255, 1281, 267 Cal Rptr 666, 682, supra; see also, Government of Virgin Is. v Roberts, 756 F Supp 898 [Virgin Is 1991]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brown v. New York City Health & Hospitals Corp.
green
2 sentences2008The Brown court first noted that “the statistical probability of contracting HIV from a single needle stick, assuming the needle was contaminated, is approximately 0.3 to 0.5%” ( 225 AD2d at 47 ), meaning that only 3 to 5 of every 1,000 people stuck with an HIV-contaminated needle will be infected with HIV It recognized that HIV tests are not conclusive in the first three months following exposure because of the time necessary for antibodies that signal the presence of HIV to develop in the bloodstream, thereby triggering a positive test result. 2008The Brown court first noted that “the statistical probability of contracting HIV from a single needle stick, assuming the needle was contaminated, is approximately 0.3 to 0.5%” ( 225 AD2d at 47 ), meaning that only 3 to 5 of every 1,000 people stuck with an HIV-contaminated needle will be infected with HIV It recognized that HIV tests are not conclusive in the first three months following exposure because of the time necessary for antibodies that signal the presence of HIV to develop in the bloodstream, thereby triggering a positive test result. | 1 | 2008–2008 |
Doe v. Prudential Insurance Co. of America
green
1 sentence2001Co. ( 860 F Supp 243 [D Md 1993]), which concluded that an insurer has no duty to disclose positive HIV test results to the applicant. | 1 | 2001–2001 |
Doe v. Connell
green
2 sentences1998Thus, the court had no statutory authority to order the petitioner to submit to an HIV test except that conferred by CPL 390.15 (cf., Matter of Doe v Connell, 179 AD2d 196 ). 1998Thus, the court had no statutory authority to order the petitioner to submit to an HIV test except that conferred by CPL 390.15 (cf., Matter of Doe v Connell, 179 AD2d 196 ). | 1 | 1998–1998 |
McKinney v. Bellevue Hospital
green
2 sentences1998The court did not err .in ruling that the switching of the plaintiff’s HIV test results with those of another patient was an act of simple negligence rather than medical malpractice (see, e.g., Caracci v State of New York, 203 AD2d 842 ; McKinney v Bellevue Hosp., 183 AD2d 563 ). 1998The court did not err .in ruling that the switching of the plaintiff’s HIV test results with those of another patient was an act of simple negligence rather than medical malpractice (see, e.g., Caracci v State of New York, 203 AD2d 842 ; McKinney v Bellevue Hosp., 183 AD2d 563 ). | 1 | 1998–1998 |
People v. Watson
green
2 sentences1998The court did not err .in ruling that the switching of the plaintiff’s HIV test results with those of another patient was an act of simple negligence rather than medical malpractice (see, e.g., Caracci v State of New York, 203 AD2d 842 ; McKinney v Bellevue Hosp., 183 AD2d 563 ). 1998The court did not err .in ruling that the switching of the plaintiff’s HIV test results with those of another patient was an act of simple negligence rather than medical malpractice (see, e.g., Caracci v State of New York, 203 AD2d 842 ; McKinney v Bellevue Hosp., 183 AD2d 563 ). | 1 | 1998–1998 |
Donald P. v. Palmieri
neutral
2 sentences1998The 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 ( 246 AD2d 597 [decided herewith]). 1998The 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 ( 246 AD2d 597 [decided herewith]). | 1 | 1998–1998 |
People v. Perkins
green
2 sentences1998The petitioner may not obtain review of the order issued pursuant to CPL 390.15 on a direct appeal from the judgment, as the order is not part of the conviction or sentence (see, CPL 450.10, 450.30; People v Donald P., 246 AD2d 608 [decided herewith]). 1998The petitioner may not obtain review of the order issued pursuant to CPL 390.15 on a direct appeal from the judgment, as the order is not part of the conviction or sentence (see, CPL 450.10, 450.30; People v Donald P., 246 AD2d 608 [decided herewith]). | 1 | 1998–1998 |
Faya v. Almaraz
green
1 sentence1996Francis Health Servs., supra [damages recoverable for emotional distress were confined to time between discovery of exposure and the negative diagnosis or other information that puts to rest the fear of injury]; Faya v Almaraz, 329 Md 435, 456, 620 A2d 327, 337 , supra [damages must be confined to those suffered during the "window of anxiety”, the period before the plaintiffs received their negative HIV test results; any lingering injuries would no longer be related to a fear that was reasonable]; see also, Marchica v Long Is. | 1 | 1996–1996 |
In Re Juveniles A, B, C, D, E
green
2 sentences1996Therefore, if the government’s interest in ordering the HIV test outweighs the individual’s interest in not taking the test, the search is reasonable (Matter of Juveniles A, B, C, D, E, 121 Wash 2d 80, 847 P2d 455 [1993]; Skinner v Railway Labor Executives’ Assn., 489 US, supra, at 619; Johnetta J. v Municipal Ct., 218 Cal App 3d 1255, 267 Cal Rptr 666, 677-678, supra). 1996Therefore, if the government’s interest in ordering the HIV test outweighs the individual’s interest in not taking the test, the search is reasonable (Matter of Juveniles A, B, C, D, E, 121 Wash 2d 80, 847 P2d 455 [1993]; Skinner v Railway Labor Executives’ Assn., 489 US, supra, at 619; Johnetta J. v Municipal Ct., 218 Cal App 3d 1255, 267 Cal Rptr 666, 677-678, supra). | 1 | 1996–1996 |
Burk v. Sage Products, Inc.
green
1 sentence1994The court commented ( 747 F Supp, at 288 ): "It is a medically accepted fact, however, that a person who has been infected will still test positive [emphasis in original] Jfor the HIV antibody during this latency period when no symptoms are evident, assuming the accuracy of the HIV test. | 1 | 1994–1994 |
In re Anonymous
green
2 sentences1994(Cf., Matter of Anonymous, 156 AD2d 1028 [4th Dept 1989], affd 76 NY2d 766 [1990] [prohibition does not lie to challenge an order of County Court directing defendant to submit to a blood test pursuant to CPL 240.40 to determine HIV status where defendant was charged with attempted murder in the first degree, assault in the second degree, and reckless endangerment in the first degree arising out of an incident where he allegedly tried to infect three police officers with the virus by biting them].) Accordingly, it is hereby Ordered that certified copies of the HIV test results of the individual 1994(Cf., Matter of Anonymous, 156 AD2d 1028 [4th Dept 1989], affd 76 NY2d 766 [1990] [prohibition does not lie to challenge an order of County Court directing defendant to submit to a blood test pursuant to CPL 240.40 to determine HIV status where defendant was charged with attempted murder in the first degree, assault in the second degree, and reckless endangerment in the first degree arising out of an incident where he allegedly tried to infect three police officers with the virus by biting them].) Accordingly, it is hereby Ordered that certified copies of the HIV test results of the individual | 1 | 1994–1994 |
In re Anonymous
neutral
2 sentences1994(Cf., Matter of Anonymous, 156 AD2d 1028 [4th Dept 1989], affd 76 NY2d 766 [1990] [prohibition does not lie to challenge an order of County Court directing defendant to submit to a blood test pursuant to CPL 240.40 to determine HIV status where defendant was charged with attempted murder in the first degree, assault in the second degree, and reckless endangerment in the first degree arising out of an incident where he allegedly tried to infect three police officers with the virus by biting them].) Accordingly, it is hereby Ordered that certified copies of the HIV test results of the individual 1994(Cf., Matter of Anonymous, 156 AD2d 1028 [4th Dept 1989], affd 76 NY2d 766 [1990] [prohibition does not lie to challenge an order of County Court directing defendant to submit to a blood test pursuant to CPL 240.40 to determine HIV status where defendant was charged with attempted murder in the first degree, assault in the second degree, and reckless endangerment in the first degree arising out of an incident where he allegedly tried to infect three police officers with the virus by biting them].) Accordingly, it is hereby Ordered that certified copies of the HIV test results of the individual | 1 | 1994–1994 |
Nolley v. County of Erie
green
2 sentences1993The statute bars any identification of a person as having undergone an HIV test. 2 A violation of the mandate of nondisclosure was determined to be a basis for a private cause of action in Matter of V. v State of New York ( 150 Misc 2d 156 [Ct Cl, 1991, Corbett, J.] [reciting material indicating legislative intent]), Nolley v County of Erie ( 776 F Supp 715 [WD NY 1991]), and Doe v Roe ( 155 Misc 2d 392 [Sup Ct, Onondaga County 1992, Reagan, J.]), involving, in the first two instances, prisoners so identified within the prison community, and, in the last case, a doctor who released HIV informa 1993The statute bars any identification of a person as having undergone an HIV test. 2 A violation of the mandate of nondisclosure was determined to be a basis for a private cause of action in Matter of V. v State of New York ( 150 Misc 2d 156 [Ct Cl, 1991, Corbett, J.] [reciting material indicating legislative intent]), Nolley v County of Erie ( 776 F Supp 715 [WD NY 1991]), and Doe v Roe ( 155 Misc 2d 392 [Sup Ct, Onondaga County 1992, Reagan, J.]), involving, in the first two instances, prisoners so identified within the prison community, and, in the last case, a doctor who released HIV informa | 1 | 1993–1993 |
V. v. State
green
2 sentences1993The statute bars any identification of a person as having undergone an HIV test. 2 A violation of the mandate of nondisclosure was determined to be a basis for a private cause of action in Matter of V. v State of New York ( 150 Misc 2d 156 [Ct Cl, 1991, Corbett, J.] [reciting material indicating legislative intent]), Nolley v County of Erie ( 776 F Supp 715 [WD NY 1991]), and Doe v Roe ( 155 Misc 2d 392 [Sup Ct, Onondaga County 1992, Reagan, J.]), involving, in the first two instances, prisoners so identified within the prison community, and, in the last case, a doctor who released HIV informa 1993The statute bars any identification of a person as having undergone an HIV test. 2 A violation of the mandate of nondisclosure was determined to be a basis for a private cause of action in Matter of V. v State of New York ( 150 Misc 2d 156 [Ct Cl, 1991, Corbett, J.] [reciting material indicating legislative intent]), Nolley v County of Erie ( 776 F Supp 715 [WD NY 1991]), and Doe v Roe ( 155 Misc 2d 392 [Sup Ct, Onondaga County 1992, Reagan, J.]), involving, in the first two instances, prisoners so identified within the prison community, and, in the last case, a doctor who released HIV informa | 1 | 1993–1993 |
Doe v. Roe
green
2 sentences1993The statute bars any identification of a person as having undergone an HIV test. 2 A violation of the mandate of nondisclosure was determined to be a basis for a private cause of action in Matter of V. v State of New York ( 150 Misc 2d 156 [Ct Cl, 1991, Corbett, J.] [reciting material indicating legislative intent]), Nolley v County of Erie ( 776 F Supp 715 [WD NY 1991]), and Doe v Roe ( 155 Misc 2d 392 [Sup Ct, Onondaga County 1992, Reagan, J.]), involving, in the first two instances, prisoners so identified within the prison community, and, in the last case, a doctor who released HIV informa 1993The statute bars any identification of a person as having undergone an HIV test. 2 A violation of the mandate of nondisclosure was determined to be a basis for a private cause of action in Matter of V. v State of New York ( 150 Misc 2d 156 [Ct Cl, 1991, Corbett, J.] [reciting material indicating legislative intent]), Nolley v County of Erie ( 776 F Supp 715 [WD NY 1991]), and Doe v Roe ( 155 Misc 2d 392 [Sup Ct, Onondaga County 1992, Reagan, J.]), involving, in the first two instances, prisoners so identified within the prison community, and, in the last case, a doctor who released HIV informa | 1 | 1993–1993 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.