People v. Hunce

OPINION OF THE COURT

John S. Moore, J.

This case presents the issue of whether the court has the authority to grant the People’s motion made pursuant to CPL 240.40 (2) (b) (vi) for handwriting exemplars in actions where only felony complaints have been lodged. The court holds that it is not so empowered under the present statutory dictates of CPL 240.40.

Defendants are charged by separate felony complaints with promoting gambling in the first degree (Penal Law § 225.10 *402[1]) and possession of gambling records in the first degree (Penal Law § 225.20 [1]). The District Attorney now moves for an…