§ 245.40 — Non-testimonial evidence from the defendant

New York § 245.40

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title J: Prosecution of Indictments In Superior Courts--plea to Sentence
• Part 2: The Principal Proceedings
• Art. 245: Discovery

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§ 245.40 Non-testimonial evidence from the defendant.\n 1. Availability. After the filing of an accusatory instrument, and\nsubject to constitutional limitations, the court may, upon motion of the\nprosecution showing probable cause to believe the defendant has\ncommitted the crime, a clear indication that relevant material evidence\nwill be found, and that the method used to secure such evidence is safe\nand reliable, require a defendant to provide non-testimonial evidence,\nincluding to:\n (a) Appear in a lineup;\n (b) Speak for identification by a witness or potential witness;\n (c) Be fingerprinted;\n (d) Pose for photographs not involving reenactment of an event;\n (e) Permit the taking of samples of the defendant's blood, hair, and\nother materials of the defendant's body that involves no unreasonable\nintrusion thereof;\n (f) Provide specimens of the defendant's handwriting; and\n (g) Submit to a reasonable physical or medical inspection of the\ndefendant's body.\n 2. Limitations. This section shall not be construed to alter or in any\nway affect the issuance of a similar court order, as may be authorized\nby law, before the filing of an accusatory instrument, consistent with\nsuch rights as the defendant may derive from the state constitution or\nthe United States constitution. This section shall not be construed to\nalter or in any way affect the administration of a chemical test where\notherwise authorized. An order pursuant to this section may be denied,\nlimited or conditioned as provided in section 245.70 of this article.\n