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.