New York CPL 160.50 Example Case

In People v. Patterson, 78 NY2d 711, 715-716, 587 N.E.2d 255, 579 N.Y.S.2d 617 [1991], the defendant's photograph had been taken in connection with an unrelated charge which was dismissed and the file ordered sealed. (78 NY2d at 711). The photograph was then used in an identification procedure held in connection with the prosecution of the defendant in a second, unrelated, proceeding, and the Court held that even though such use violated CPL 160.50, it did not infringe upon any of the defendant's constitutional rights, finding that the nature of the statutory remedy in the sealing statutes "is unrelated to any Fourth or Fifth Amendment protections" and that "[a] defendant has no inherent or constitutional right to the return of photographs, fingerprints or other indicia of arrest where charges are dismissed."