| People v Ruffell |
| 2008 NY Slip Op 07303 [55 AD3d 1271] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Paul Ruffell,Appellant. |
—[*1] Thomas E. Moran, District Attorney, Geneseo (Eric R. Schiener of counsel), forrespondent.
Appeal from a judgment of the Livingston County Court (Robert B. Wiggins, J.), renderedJune 5, 2007. The judgment convicted defendant, upon a jury verdict, of assault in the seconddegree and criminal possession of a weapon in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict ofassault in the second degree (Penal Law § 120.05 [2]) and criminal possession of a weaponin the fourth degree (§ 265.01 [2]). We reject defendant's contention that County Courterred in requiring defendant to provide a DNA sample. Although the People requested the DNAsample after the 45-day statutory period for discovery had elapsed (see CPL 240.90 [1]),we conclude under the circumstances of this case that the motion was properly granted for "goodcause shown" before the commencement of the trial (id.). The People established that theDNA test results from the knife used to stab the victim would result in material and relevantevidence (see People v Shields, 155 AD2d 978 [1989], lv denied 75 NY2d 818[1990]), and "the delay itself did not cause defendant any prejudice" (People v Lewis, 44 AD3d 422,422-423 [2007], lv denied 9 NY3d 1035 [2008]; see also People v Jenkins, 98NY2d 280 [2002]). We also reject defendant's contention that the verdict is against the weight ofthe evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Finally, thesentence is not unduly harsh or severe. Present—Scudder, P.J., Hurlbutt, Martoche, Greenand Gorski, JJ.