Opinion
January 20, 1998
Appeal from the County Court, Nassau County (Palmieri, J.).
Ordered that the motion to reargue is referred to the Bench which determined Matter of Donald P. v. Palmieri; and it is further,
Ordered that the judgment is affirmed.
The only issue raised on appeal concerned the County Court's authority to direct the defendant to submit to an HIV test pursuant to CPL 390.15, which issue is not cognizable on an appeal from a judgment of conviction and which is determined in Matter of Donald P. v. Palmieri ( 246 A.D.2d 597 [decided herewith]).
O'Brien, J.P., Sullivan, Altman and McGinity, JJ., concur.