N.Y. Criminal Procedure Law § 245.40: Non-testimonial evidence from the defendant

§ 245.40 Non-testimonial evidence from the defendant.

1. Availability. After the filing of an accusatory instrument, and

subject to constitutional limitations, the court may, upon motion of the

prosecution showing probable cause to believe the defendant has

committed the crime, a clear indication that relevant material evidence

will be found, and that the method used to secure such evidence is safe

and reliable, require a defendant to provide non-testimonial evidence,

including to:

(a) Appear in a lineup;

(b) Speak for identification by a witness or potential witness;

(c) Be fingerprinted;

(d) Pose for photographs not involving reenactment of an event;

(e) Permit the taking of samples of the defendant's blood, hair, and

other materials of the defendant's body that involves no unreasonable

intrusion thereof;

(f) Provide specimens of the defendant's handwriting; and

(g) Submit to a reasonable physical or medical inspection of the

defendant's body.

2. Limitations. This section shall not be construed to alter or in any

way 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 state constitution or

the United States constitution. This section shall not be construed to

alter or in any way affect the administration of a chemical test where

otherwise authorized. An order pursuant to this section may be denied,

limited or conditioned as provided in section 245.70 of this article.