N.Y. Criminal Procedure Law § 245.45: DNA comparison order

§ 245.45 DNA comparison order.

Where property in the prosecution's possession, custody, or control

consists of a deoxyribonucleic acid ("DNA") profile obtained from

probative biological material gathered in connection with the

investigation of the crime, or the defendant, or the prosecution of the

defendant, and the defendant establishes (a) 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 (b) 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,

upon motion of a defendant against whom an indictment, superior court

information, prosecutor's information, information, or simplified

information is pending, 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 section, 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.