The following excerpt is from People v. King, 161 Misc.2d 448, 613 N.Y.S.2d 545 (N.Y. Cty. Ct. 1994):
A defendant, or potential defendant, can be compelled to provide a blood sample only by court order issued pursuant to motion upon notice therefor. [CPL 240.40(2)(v)(5); People v. Moselle, 57 N.Y.2d 97, 110, 454 N.Y.S.2d 292, 439 N.E.2d 1235 (1982) ] Such an order may issue only if the People are able to establish,
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