Binghamton, NY (WBNG Binghamton) Binghamton City Court dismisses a charge against a former UHS employee accused of taking and sharing a picture of a patient.
Katelyn Baker of Windsor was a nurses aide at Binghamton General Hospital.
She was fired after the hospital discovered a graphic picture of a female patient had been taken and shared with another aide in 2009.
The patient had Huntington's Disease.
Baker was later charged with felony unlawful surveillance
According to her attorney, Paul Battisti, the Broome County District Attorney's Office completed review of the evidence.
Last month, it determined that there was insufficient evidence to sustain any criminal charges against Baker.
Meanwhile, Vickie Kelly, the victim's mother, said she's upset with the decision and plans to write a letter to Gov. Andrew Cuomo's office.
"The hospital wouldn't have fired (Baker) if it didn't really happen," said Kelly. "It breaks my heart that justice wasn't done for my severely disabled daughter."
Kelly said she didn't fing out about the incident until May of 2011, two years after it had happened.
Action News contacted UHS Monday afternoon, but has not received any comment regarding the decision.