It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of rape in the first degree (Penal Law § 130.35 [1]) and criminal sexual act in the third degree (§ 130.40 [3]). We previously held the case, reserved decision and remitted the matter to Supreme Court for new proceedings on the People's motion to compel defendant to submit to a buccal swab for DNA...
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