People v Williams, 2013 NY Slip Op 07636 (4th Dept. 2013)
The Court in Rochester reduced a depraved indifference reckless endangerment charge t0 a misdemeanor when it state that HIV is at best a chronic disease and not the life threatening monster it was when many of us were growing up. Not sure if this is evolution of devolution.
“We further conclude that the grand jury evidence, viewed in the light most favorable to the People (see Jennings, 69 NY2d at 114), also did not establish that defendant’s conduct presented a grave risk of death to the victim (see Penal Law § 120.25; Lynch, 95 NY2d at 247). The victim’s physician, an infectious disease expert, testified that the ability to treat HIV has increased dramatically over the past 15 years, with over 20 different antiviral medications available for treatment. The expert testified that although an HIV positive diagnosis may have been tantamount to a death sentence in the past, with treatment, the prognosis today is “outstanding,” particularly when a patient promptly learns that he or she is infected and seeks treatment. Indeed, the expert testified that patients with HIV who take their medication, eat well, do not smoke, and reduce their alcohol intake can live a “very healthy, normal lifestyle,” and he expected a similar prognosis for the victim. We thus conclude that, under the circumstances of this case, the People failed to establish that defendant’s reckless conduct posed a grave or “very substantial” risk of death to the victim (People v Roe, 74 NY2d 20, 24). ”
Just something to think about.
