Troilo v. Valentine

Petitioner seeks to compel the Police Commissioner to return fingerprints taken when he was arrested upon a charge of violating section 1897 of the Penal Law, relating to the carrying of dangerous weapons. He was acquitted of that charge, but after that acquittal he was convicted of two other offenses (one a lottery charge and the other a charge of conducting a gambling room), on the first of which he had been arrested and admitted to bail prior to his arrest on the gun-carrying charge.

Ho right to the requested return exists unless it is conferred by statute (Matter of Molineux v. Collins,…