Brown v. Commonwealth

Terrance Brown appeals from a judgment entered by a single justice of this court denying his petition for relief pursuant to G. L. c. 211, § 3. We affirm.

Brown is a codefendant with Nathan Rivera in a pending homicide case. At Rivera’s request, a judge in the Superior Court ordered that Brown submit to a buccal swab for deoxyribonucleic acid (DNA) analysis.1 Brown unsuccessfully challenged that order in the county court. The case is now before us pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). Brown claims that he cannot obtain adequate review on appeal because by then the…