PEOPLE v. WILLIAMS


34 A.D.2d 834 (1970)

The People of the State of New York, Respondent, v. Robert Williams, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 25, 1970


Order of September 11, 1968 affirmed. No opinion. Order of February 27, 1969, reversed, on the law, and proceeding which resulted in that order remanded for a hearing and a new determination. In our opinion, the petition alleged facts sufficient to warrant the granting of a hearing limited to the sole question of whether the complaining witness' in-court identification was "tainted" by the pretrial identification; the People must establish "by clear and convincing proof"...

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