2013 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title J - PROSECUTION OF INDICTMENTS IN SUPERIOR COURTS--PLEA TO SENTENCE
Article 240 - (240.10 - 240.90) DISCOVERY
240.40 - Discovery; upon court order.

 
  § 240.40 Discovery; upon court order.
    1.  Upon  motion  of  a defendant against whom an indictment, superior
  court information, prosecutor's information, information, or  simplified
  information  charging  a misdemeanor is pending, the court in which such
  accusatory instrument is pending:
    (a) must order discovery as to  any  material  not  disclosed  upon  a
  demand  pursuant  to  section  240.20, if it finds that the prosecutor's
  refusal to disclose such material is not justified; (b) must, unless  it
  is  satisfied  that  the  people have shown good cause why such an order
  should not be issued, order discovery or any other order  authorized  by
  subdivision  one of section 240.70 as to any material not disclosed upon
  demand pursuant to section 240.20 where the  prosecutor  has  failed  to
  serve a timely written refusal pursuant to section 240.35; (c) may order
  discovery with respect to any other property, which the people intend to
  introduce  at  the trial, upon a showing by the defendant that discovery
  with respect to such property is material to the preparation of  his  or
  her  defense, and that the request is reasonable; and (d) where property
  in the people's possession, custody,  or  control  that  consists  of  a
  deoxyribonucleic acid ("DNA") profile obtained from probative biological
  material gathered in connection with the investigation or prosecution of
  the  defendant  and the defendant establishes that such profile complies
  with federal bureau of investigation or  state  requirements,  whichever
  are  applicable  and as such requirements are applied to law enforcement
  agencies seeking a keyboard search or similar comparison, and  that  the
  data  meets state DNA index system or national DNA index system criteria
  as such criteria are applied to law enforcement agencies seeking such  a
  keyboard  search  or  similar  comparison, the court may order an entity
  that has access to the combined DNA index system or its successor system
  to compare such DNA profile against DNA databanks by keyboard  searches,
  or a similar method that does not involve uploading, upon notice to both
  parties and the entity required to perform the search, upon a showing by
  the  defendant that such a comparison is material to the presentation of
  his or her defense and that the request is reasonable. For  purposes  of
  this paragraph, a "keyboard search" shall mean a search of a DNA profile
  against  the  databank  in  which  the  profile  that is searched is not
  uploaded to or maintained in the  databank.  Upon  granting  the  motion
  pursuant  to  paragraph  (c)  of this subdivision, the court shall, upon
  motion of the people showing such to be material to the  preparation  of
  their  case  and  that the request is reasonable, condition its order of
  discovery by further directing discovery by the people of  property,  of
  the  same  kind  or  character as that authorized to be inspected by the
  defendant, which he or she intends to introduce at the trial.
    2. Upon motion  of  the  prosecutor,  and  subject  to  constitutional
  limitation,   the   court   in   which  an  indictment,  superior  court
  information,  prosecutor's  information,  information,   or   simplified
  information  charging a misdemeanor is pending: (a) must order discovery
  as to any property not disclosed  upon  a  demand  pursuant  to  section
  240.30,  if  it  finds  that  the  defendant's  refusal to disclose such
  material is not justified; and (b) may order the  defendant  to  provide
  non-testimonial  evidence.  Such  order may, among other things, require
  the defendant to:
    (i) Appear in a line-up;
    (ii) Speak for identification by witness or potential witness;
    (iii) Be fingerprinted;
    (iv) Pose for photographs not involving reenactment of an event;
    (v) Permit the taking of samples of blood,  hair  or  other  materials
  from  his  body  in  a  manner  not  involving an unreasonable intrusion
  thereof or a risk of serious physical injury thereto;

    (vi) Provide specimens of his handwriting;
    (vii)  Submit  to  a  reasonable physical or medical inspection of his
  body.
    This subdivision shall not be construed to limit, expand, or otherwise
  affect the issuance of a similar court order, as may  be  authorized  by
  law,  before the filing of an accusatory instrument consistent with such
  rights as the defendant may derive from the constitution of  this  state
  or of the United States. This section shall not be construed to limit or
  otherwise  affect  the  adminstration of a chemical test where otherwise
  authorized pursuant to section one thousand one hundred ninety-four-a of
  the vehicle and traffic law.
    3. An order pursuant  to  this  section  may  be  denied,  limited  or
  conditioned as provided in section 240.50.