Johansen v. Barry

The petitioner in this proceeding brought pursuant to article 78 (CPLR) seeks an order directing the respondent Police Commissioner of the County of Suffolk to return to petitioner records of fingerprints and photographs of the petitioner taken by members of the Suffolk County Police Department.

There is no factual dispute. Respondent’s position in the proceeding is that a question of law only is presented.

Petitioner was arrested on a charge of violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law, operating a *447motor vehicle while in an intoxicated condition, a misdemeanor.…