Hanrahan v. Kirwan

The petitioner was charged with a misdemeanor (in operating a motor vehicle while under the influence of alcohol [Vehicle and Traffic Law, § 1192, subd. 2]) and was convicted, upon his plea of guilty, of a traffic infraction (in operating a motor vehicle while his ability was impaired by the consumption of alcohol [Vehicle and Traffic Law, § 1192, subd. 1]). He brings this article 78 proceeding to require the respondent to return to him all photographs and fingerprints taken of him while the criminal action or proceeding was pending (Civil Rights Law, § 79-e).

The respondent was not required…