Opinion
330 KA 13–01173
03-22-2019
The PEOPLE of the State of New York, Respondent, v. Trellis L. PRESSLEY, Defendant–Appellant.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (LINDA M. CAMPBELL OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (DANIEL GROSS OF COUNSEL), FOR RESPONDENT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (LINDA M. CAMPBELL OF COUNSEL), FOR DEFENDANT–APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (DANIEL GROSS OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, LINDLEY, NEMOYER, AND CURRAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of rape in the first degree ( Penal Law § 130.35[1] ) and criminal sexual act in the third degree (§ 130.40[3] ). We previously held the case, reserved decision and remitted the matter to Supreme Court for new proceedings on the People's motion to compel defendant to submit to a buccal swab for DNA testing following the assignment of counsel to represent defendant thereon ( People v. Pressley, 159 A.D.3d 1619, 70 N.Y.S.3d 439 [4th Dept. 2018]. Defendant correctly concedes that there was no error in the proceedings following remittal. His remaining contentions are not properly before us because they extend beyond the scope of that remittal and either were not raised by defendant prior to remittal or were previously considered by this Court (see People v. Butler, 75 A.D.3d 1105, 1105, 903 N.Y.S.2d 763 [4th Dept. 2010], lv denied 15 N.Y.3d 919, 913 N.Y.S.2d 646, 939 N.E.2d 812 [2010] ).