2019 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court
Article 160 - Fingerprinting and Photographing of Defendant After Arrest--Criminal Identification Records and Statistics
160.10 - Fingerprinting; Duties of Police With Respect Thereto.

Universal Citation:
NY Crim Pro L § 160.10 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 160.10 Fingerprinting; duties of police with respect thereto.
  1.  Following  an  arrest,  or  following the arraignment upon a local
criminal  court  accusatory  instrument  of  a  defendant  whose   court
attendance  has  been secured by a summons or an appearance ticket under
circumstances described in sections 130.60 and 150.70, the arresting  or
other  appropriate  police  officer  or  agency must take or cause to be
taken fingerprints of the arrested person or  defendant  if  an  offense
which is the subject of the arrest or which is charged in the accusatory
instrument filed is:

(a) A felony; or

(b) A misdemeanor defined in the penal law; or

(c) A misdemeanor defined outside the penal law which would constitute a felony if such person had a previous judgment of conviction for a crime; or

(d) Loitering for the purpose of engaging in a prostitution offense as defined in subdivision two of section 240.37 of the penal law. 2. In addition, a police officer who makes an arrest for any offense, either with or without a warrant, may take or cause to be taken the fingerprints of the arrested person if such police officer:

(a) Is unable to ascertain such person's identity; or

(b) Reasonably suspects that the identification given by such person is not accurate; or

(c) Reasonably suspects that such person is being sought by law enforcement officials for the commission of some other offense. 3. Whenever fingerprints are required to be taken pursuant to subdivision one or permitted to be taken pursuant to subdivision two, the photograph and palmprints of the arrested person or the defendant, as the case may be, may also be taken. 4. The taking of fingerprints as prescribed in this section and the submission of available information concerning the arrested person or the defendant and the facts and circumstances of the crime charged must be in accordance with the standards established by the commissioner of the division of criminal justice services.

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