Opinion
April 6, 1995
Appeal from the Supreme Court, Bronx County (Richard Lee Price, J.).
The People were entitled to compel defendant to undergo an AIDS blood test as this evidence was material to a charge of attempted murder. Although defendant was within his rights to assert his right to privacy, any prejudice from the resulting delay was a risk he deliberately assumed by his conduct (People v Etheridge, 116 Misc.2d 98, 101-102). Defendant may not use his right as both a sword and a shield by claiming that the delay occasioned by litigating the privacy issue deprived him of his right to a speedy trial. Time that was not otherwise excludable pursuant to CPL 30.30 (4) (a) or (b) was excludable under CPL 30.30 (4) (g) (i) and (ii).
Concur — Rosenberger, J.P., Ellerin, Rubin, Ross and Tom, JJ.