The People move by Order to Show Cause seeking an order to compel the defendant to permit the taking of DNA samples from his body via buccal swabs pursuant to Criminal Procedure Law (CPL) §240.40(2)(b)(v). The defendant opposes the motion.

In deciding this motion, the Court considered the Affirmation of Anthony J. Molea, Assistant District Attorney, dated May 23, 2016, and accompanying Memorandum of Law, and the Affirmation in Opposition of Mary Pat Long, Associate Counsel, Criminal Division, of The Legal Aid Society of Westchester County (LASW), dated June 6, 2016, and accompanying Memorandum of Law.

The motion is decided in accordance herewith.

Procedural History

On November 23, 2015, the defendant was arrested and charged with Criminal Possession of a Weapon 2nd Degree: Loaded Firearm (PL 265.03[01B]), class C Felony; Criminal Possession of a Weapon 4th Degree: Firearm/Weapon (PL 265.01(01)], class A Misdemeanor; Menacing 2nd Degree: Weapon (PL 120.14(01), class A Misdemeanor; and Unlawful Possession of Marihuana (PL 221.05), a Violation.

On November 24, 2015, the defendant was arraigned and entered a plea thereon.

On November 30, 2015, the People withdrew all non-felonies.

On January 19, 2016, February 29, 2016, and April 25, 2016, the defendant made all purpose appearances.

On May 23, 2016, the People filed the within Order to Show Cause and accompanying Memorandum of Law seeking DNA Samples from the defendant.

On June 8, 2016, LASW filed an Affirmation in Opposition with an accompanying Memorandum of Law.

On June 13, 2016, the People indicated that they would not submit a reply and the motion was thereupon marked fully submitted.

Factual History