People v Roshia, 28 NY3d 989 (2016)

2016 NY Slip Op 06859 [28 NY3d 989]
October 20, 2016
Court of Appeals

[*1]

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.

{**28 NY3d at 990} 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.

[*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.