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People v. Hernan

Prosecutors Granted Motion to Compel DNA Swab; Defendant Partly Granted Protective Order

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DECISION AND ORDER

*1 Defendant is charged with forcible touching [Penal Law §130.52(1)]; endangering the welfare of a child [Penal Law §260.10(1)]; sexual abuse in the third degree [Penal Law §130.55]; and, harassment in the second degree [Penal Law §240.26(1)]. The People filed the instant motion for an order directing the collection of defendant’s saliva sample, pursuant to Criminal Procedure Law §240.40 and Matter of Abe A. Defendant’s counsel opposes the People’s motion, and moves for a protective order. On November 3, 2017, the People replied to defendant’s opposition. On November 28, 2017, the People opposed defendant’s motion for a protective order. The People’s motion is granted. Defendant’s motion for a protective order is denied in part, and granted in part. Factual AllegationsDefendant resides with the complainant, the complainant’s mother, and complainant’s younger brother. The complainant, Y.C., states that on or about April 22, 2017 at approximately 4:45 am inside of 2020 Walton Avenue Apt. #5B, Bronx, NY:…she felt a hand on her vagina. Deponent further states that this caused her to wake up. Deponent further states that when she woke up she saw the defendant standing at the end of her bed and his hand moving away from her vagina. Deponent further states that when she fell asleep her pants were buttoned and when she woke up her pants were unbuttoned.

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