(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.
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.
Structure New York Laws
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court
160.10 - Fingerprinting; Duties of Police With Respect Thereto.
160.20 - Fingerprinting; Forwarding of Fingerprints.
160.30 - Fingerprinting; Duties of Division of Criminal Justice Services.
160.40 - Fingerprinting; Transmission of Report Received by Police.
160.45 - Polygraph Tests; Prohibition Against.
160.50 - Order Upon Termination of Criminal Action in Favor of the Accused.
160.59 - Sealing of Certain Convictions.
160.60 - Effect of Termination of Criminal Actions in Favor of the Accused.