People v. Scivolette

OPINION OF THE COURT

Ronald J. McGaw, J.

Defendant is charged with auto stripping in the third degree in violation of Penal Law § 165.09, and criminal mischief in the *886fourth degree in violation of Penal Law § 145.00. The evidence allegedly consists primarily of the defendant’s fingerprints which were found on and above the driver’s door handle, as well as on other areas of the vehicle.

Defendant has moved for his release pursuant to Criminal Procedure Law § 170.70 on the basis that “fingerprints found on an item that was accessible to the general public [are] not sufficient to convict” a…