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PEOPLE v. MOTT

118 Misc.2d 90 (1983)

The People of the State of New York, Plaintiff, v. Glen L. Mott, Defendant.

Supreme Court, Monroe County.

March 7, 1983

Attorney(s) appearing for the Case

Anthony F. Leonardo, Jr., for defendant. Donald O. Chesworth, Jr., District Attorney (Fred Gallina of counsel), for plaintiff.

DAVID O. BOEHM, J.

The issue presented on this motion is whether a court order is required to obtain pubic hair samples from a rape suspect prior to the commencement of any formal adversarial proceedings.

CPL 240.40 governs discovery upon a court order. CPL 240.40 (subd 2) provides in pertinent part:

"Upon motion of the prosecutor, and subject to constitutional limitation, the court in which an indictment, superior court information,...

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