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PEOPLE v. ROSHIA

No. 217 SSM 19.

28 N.Y.3d 989 (2016)

63 N.E.3d 1152

41 N.Y.S.3d 208

2016 NY Slip Op 06859

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES M. ROSHIA, JR., Appellant.

Court of Appeals of New York.

Decided October 20, 2016.

Attorney(s) appearing for the Case

Albert F. Lawrence, Greenfield Center, for appellant.

Alexander Lesyk, Special Prosecutor, Norwood, for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUSSALAAM, STEIN, FAHEY and GARCIA concur.

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.

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