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PEOPLE v. PRESSLEY

1274/17 KA 13-01173.

159 A.D.3d 1619 (2018)

70 N.Y.S.3d 439

2018 NY Slip Op 02114

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRELLIS PRESSLEY, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 23, 2018.

"We further agree with defendant that the court erred in requiring him to proceed pro se on the People's motion to compel him to submit to a buccal swab for DNA testing (see People v Smith, 30 N.Y.3d 626, 628-629 [2017]). Contrary to the People's contention, the court's error cannot be deemed harmless, inasmuch as the evidence apart from the DNA evidence is not overwhelming, and there is a reasonable possibility that the error contributed...

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