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ALTHOUGH THE PEOPLE MADE AN UNTIMELY MOTION FOR A BUCCAL SWAB FOR DNA TESTING, THE ERROR DID NOT REQUIRE REVERSAL (SECOND DEPT).

The Second Department determined the People’s motion to compel defendant to submit to a buccal swab for DNA testing was untimely under Criminal Procedure Law 240.90. But the admission of the evidence did not require reversal because the error did not implicate defendant’s constitutional rights. People v Cox, 2018 NY Slip Op 03698, Second Dept 5-23-18

​CRIMINAL LAW (ALTHOUGH THE PEOPLE MADE AN UNTIMELY MOTION FOR A BUCCAL SWAB FOR DNA TESTING, THE ERROR DID NOT REQUIRE REVERSAL (SECOND DEPT))/DNA (ALTHOUGH THE PEOPLE MADE AN UNTIMELY MOTION FOR A BUCCAL SWAB FOR DNA TESTING, THE ERROR DID NOT REQUIRE REVERSAL (SECOND DEPT))/BUCCAL SWAB (DNA, ALTHOUGH THE PEOPLE MADE AN UNTIMELY MOTION FOR A BUCCAL SWAB FOR DNA TESTING, THE ERROR DID NOT REQUIRE REVERSAL (SECOND DEPT))

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FAILURE TO STRICTLY COMPLY WITH THE NOTICE PROVISIONS OF THE COURT OF CLAIMS... TRIAL COURT PROPERLY GAVE THE GALBO JURY INSTRUCTION RE DEFENDANT’S POSSESSION...