Court: HIV is NOT a Weapon

    New York's highest court says saliva is not a deadly weapon, even if someone has a disease like HIV or AIDS.  As a result, one man's conviction is being sent back to a lower court for re-sentencing.

    FOX News Radio's Lisa Brady reports:

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    The New York Court of Appeals, siding with the defense in the case of an HIV-positive man who bit a police officer during an arrest in 2006.  David Plunkett pleaded guilty to multiple counts, now serving 10 years in prison.

    But the new ruling says his conviction for aggravated assault can't stand because New York law requires use of a deadly or dangerous instrument, and the saliva - and teeth - don't county since they come with the defendant.

    Prosecutors say the law should be changed to help protect first responders.  The CDC says saliva alone has never been shown to transmit HIV.

    Lisa Brady, FOX News Radio.