CRIMINAL LAW/EVIDENCE

A court may issue an order to obtain corporeal evidence, such as blood or saliva, from a suspect where the People establish: “(1) probable cause to believe the suspect has committed the crime, (2) a clear indication’ that relevant material evidence will be found, and (3) the method used to secure it is safe and reliable” … . In opposition to the People’s motion, defendant conceded that the People had established the third factor. … With respect to the remaining two factors, we conclude that the court properly granted the People’s motion. Where, as here, the request was made after the defendant has been indicted, “the indictment provided the court with the requisite clear indication that probative evidence could be discovered from [the] buccal swab” …, as well as the requisite “statutory authority and probable cause”… . People v Hogue, 2015 NY Slip Op 08254, 4th Dept 11-13-15