People v. Roshia, 28 N.Y.3d 989

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.

Case Details

Case Name: People v. Roshia

Court Name: New York Court of Appeals

Date Published: Oct 20, 2016

Citations: 28 N.Y.3d 989; 63 N.E.3d 1152; 41 N.Y.S.3d 208; 2016 NY Slip Op 06859

Court Abbreviation: N.Y.