This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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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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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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