The People move this court for an order granting discovery of certain nontestimonial evidence from the defendant, Philip Miller, pursuant to CPL 240.40 (subd 2, par [b]).
That section provides in relevant part: "Upon motion of the prosecutor, and subject to constitutional limitation, the court in which an indictment * * * is pending * * * (b) may order the defendant to provide nontestimonial evidence."
The statute...
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