Justice Molea
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DEFENDANT moved for an order directing complainant to provide handwriting samples to the defense so an expert forensic document examiner could compare two handwritten letters alleged to be drafted by the complainant. Defendant was charged with rape and criminal sexual act, among other things. He argued he and complainant engaged in consensual sex. Defense argued defendant received two letters from complainant while he was incarcerated and the content would constitute exculpatory material if forensics would establish the complainant wrote the letters. An expert opined that one sample provided, including the letters, were insufficient for comparison. The court stated a plain reading of Criminal Procedure Law Article 240 revealed that a handwriting sample obtained from complainant in a criminal case was not among the specifically itemized materials subject to discovery. Thus, it ruled defendant failed to establish that the requested relief was statutorily authorized. The court also concluded the defense failed to establish a reasonable probability that complainant wrote the letters, compelling denial of defendant’s instant application for an order directing complainant to provide a handwriting sample for forensic analysis.
