Section 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; and (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  defense,  and that the request is reasonable. Upon granting the
  motion pursuant to paragraph (c) hereof, 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 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.