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PEOPLE v. DAIL

2008-04329, 2008-04330

69 A.D.3d 873 (2010)

894 N.Y.S.2d 78

2010 NY Slip Op 532

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK DAIL, Also Known as WAYNE WILLIAM, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 19, 2010.

Ordered that the judgments are affirmed.

The Supreme Court properly declined to suppress DNA evidence derived from a buccal swab. The evidence presented at the suppression hearing supports the court's conclusion that the defendant voluntarily agreed to give the police a saliva sample for testing (see People v Gonzalez, 39 N.Y.2d 122, 128 [1976]; People v Brewster,

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