HIV-positive saliva not a “deadly weapon”: NY court

ALBANY, New York (Reuters) – An HIV-positive man who admitted to biting a police officer attempting to arrest him had his aggravated assault conviction overturned on Thursday by New York’s top court, which ruled the man’s saliva did not qualify as a deadly weapon. The Court of Appeals, in throwing out the conviction of David Plunkett, ruled that body parts, saliva or anything that “comes with” a person cannot be considered deadly weapons under state law. In New York, aggravated assault requires the use of a “deadly weapon or dangerous instrument. …
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