| People v Roshia |
| 2016 NY Slip Op 06859 [28 NY3d 989] |
| October 20, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected through Wednesday, December 7, 2016 |
| The People of the State of New York, Respondent, v James M. Roshia, Jr., Appellant. |
Decided October 20, 2016
People v Roshia, 133 AD3d 1029, affirmed.
Albert F. Lawrence, Greenfield Center, for appellant.
Alexander Lesyk, Special Prosecutor, Norwood, 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 granting the People's application directing defendant to provide a buccal swab for testing.
[*2]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.