Man who bit officer's finger gets reduced sentence

By WKTV News

ILION, N.Y. (WKTV) - An Ilion man infected with HIV who bit an officer's finger could be done serving time.

David Plunkett, 48, was serving a ten year sentence at Sing Sing after pleading guilty to assault and aggravated assault for the 2006 incident, but New York's top court ruled that saliva of the HIV infected man does not constitute a deadly weapon.

In Herkimer County Court this week, Plunkett was re-sentenced on two second-degree assault charges, receiving five years, plus three years of post-release supervision.

Since those sentences run concurrently, after the time he's already served, Plunkett's attorney says he could be out of prison by early next week.

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