People v. Garay

*2OPINION OF THE COURT

Joseph Harris, J.

The People move, pursuant to CPL 240.40 (subd 2) for an order to compel the defendant to disclose to the People a certain item of claimed nontestimonial evidence, believed to be in his actual or constructive possession and under his control, namely, a statement purportedly signed by one Harry Vance, a key prosecution witness, and purportedly exculpating the defendant with respect to the charges herein.

The moving papers show substantial and reasonable cause to believe that the document is a forgery and that the forgery was committed by the defendant. The…