| People v Roshia |
| 2016 NY Slip Op 06859 |
| Decided on October 20, 2016 |
| Court of Appeals |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on October 20, 2016
No. 217 SSM 19
v
James M. Roshia, Jr. Appellant.
Submitted by Albert F. Lawrence, for appellant.
Submitted by Alexander Lesyk, Esq., for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed. Defendant was indicted by a grand jury, a sexual assault evidence kit was taken from the victim, and County Court's order directing defendant to provide a DNA sample was authorized by statute (CPL 240.40[2][b][v]). Accordingly, County Court did not err in granting the People's application directing defendant to provide a buccal swab for testing.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.
Decided October 20, 2016