*1 This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 217 SSM 19 The People &c., Respondent, v. James M. Roshia, Jr. Appellant.
Submitted by Albert F. Lawrence, for appellant. Submitted by Alexander Lesyk, Esq., for respondent.
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
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- 2 - SSM 19 granting the People's application directing defendant to provide a buccal swab for testing.
* * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur. Decided October 20, 2016
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