People v. Steiner

*845OPINION OF THE COURT

Henderson W. Morrison, J.

On this application the People seek an order directing Frederick William Steiner to submit to and participate in a lineup identification procedure. Defendant opposes this request.

Article 240 was added to the CPL effective January 1, 1980. (L 1979, ch 412.) This article sets forth the method of obtaining discovery. CPL 240.40 (subd 2) permits a court, upon motion of the prosecutor, to order a defendant to participate in a lineup. (CPL 240.40, subd 2, par [i].) However, to issue such an order, the court must be "the court in which an indictment,…