New York Court of Appeals, 2016

People v. Roshia

New York Court of Appeals · Decided October 20, 2016 · Abdus, Difiore, Fahey, Garcia, Pigott, Rivera, Salaam, Stein

28 N.Y.3d 989; 63 N.E.3d 1152

Opinion of the Court

OPINION OF THE COURT

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.

Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

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