Dwyer v. Guido
| Decision Date | 22 November 1976 |
| Citation | 388 N.Y.S.2d 636,54 A.D.2d 956 |
| Parties | Richard J. DWYER, Respondent, v. Daniel P. GUIDO, as Commissioner, Nassau County Police Department, Appellant. |
| Court | New York Supreme Court — Appellate Division |
James M. Catterson, Jr., County Atty., Mineola (Joseph DeMaro and Natale C. Tedone, Mineola, of counsel), for appellant.
Thomas A. Dwyer, Mineola, for respondent.
Before HOPKINS, Acting P.J., and DAMIANI, RABIN, SHAPIRO and TITONE, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to CPLR article 78 to compel the Commissioner of the Nassau County Police Department to return to petitioner his fingerprints and photographs which were taken upon his arrest, the appeal is from a judgment of the Supreme Court, Nassau County, dated May 21, 1976, which, Inter alia, directed the commissioner to return the fingerprints and photographs pursuant to former section 79--e of the Civil Rights Law.
Judgment affirmed, with $50 costs and disbursements.
On March 8, 1975 petitioner was arrested and charged with harassment, a violation (Penal Law, § 240.25, subds. 1, 2), resisting arrest, a class A misdemeanor (Penal Law, § 205.30), and violating section 1157 of the Vehicle and Traffic Law, a traffic infraction. Petitioner's fingerprints and photographs were taken because of the misdemeanor charge (see CPL 160.10).
On December 1, 1975, in the Nassau County District Court, petitioner pleaded guilty to harassment, was fined $75, paid the fine, and the other charges were dismissed. He then requested that the police commissioner return the fingerprints and photographs pursuant to former section 79--e of the Civil Rights Law, which provided: *
'Upon the determination of a criminal action or proceeding against a person, in favor of such person, unless another criminal action or proceeding is pending against him or unless such person has previously been convicted in this state of a crime or of the violation of loitering, as defined in subdivision three of section 240.35 of the penal law or has previously been convicted elsewhere of any offense which would be deemed a crime or the violation of loitering, as defined in subdivision three of section 240.35 of the penal law if committed within the state, every photograph of such person and photographic plate or proof, palmprints and Fingerprints taken or made of such person while such action or proceeding is pending by direction or authority of any police officer, peace officer, or any member of any police department, and all duplicates and copies thereof Shall be returned on demand to such person or his representative, duly authorized in writing, who is an attorney admitted to...
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People v. Joseph P.
...misdemeanor to an infraction. Section 160.50 of the Criminal Procedure Law is derived from the Civil Rights Law, § 79-e. Dwyer v. Guido, 54 A.D.2d 956, 388 N.Y.S.2d 636 determined that where the defendant pleaded guilty to a violation count of a complaint involving printable offenses and no......
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People v. Casella
...been decided which reflect on the return of fingerprints and photographs as well as on the sealing of records. In Dwyer v. Guido, 54 A.D.2d 956, 388 N.Y.S.2d 636 (1976), the defendant was arrested and charged with harassment (a violation), resisting arrest (a Class A misdemeanor) and a traf......
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Morgenthau v. Becker
...to Judge Becker, those cases granting the relief sought under CPL 160.50, relied principally on legislative intent and Dwyer v. Guido, 54 A.D.2d 956, 388 N.Y.S.2d 636, 2nd Dept. (1976) (a case brought pursuant to Civil Rights Law § 79-e), rather than CPL 160.50 itself. (See People v. Hyll, ......
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People v. Ricci
...difficult to resolve because of the varying decisions on the subject. Analysis of this issue must begin with Dwyer v. Guido, 54 A.D.2d 956, 388 N.Y.S.2d 636 (2nd Dept. 1976). That case was decided under § 79-e of the Civil Rights Law, the predecessor to CPL § 160.50 regarding the return of ......