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PEOPLE v. BENNETT

30 N.Y.2d 283 (1972)

The People of the State of New York, Respondent, v. John Bennett, Appellant.

Court of Appeals of the State of New York.

Decided April 26, 1972.

Attorney(s) appearing for the Case

Richard A. Levy and Robert Kasanof for appellant.

Eugene Gold, District Attorney (Harold M. Brown of counsel), for respondent.

Judges BURKE, BERGAN and GIBSON concur with Judge SCILEPPI; Judge BREITEL dissents and votes to reverse in a separate opinion in which Chief Judge FULD and Judge JASEN concur.

SCILEPPI, J.

In a coram nobis proceeding, defendant seeks to vacate a 1963 conviction upon the ground that the pretrial identification procedure employed by the police tainted a subsequent in-court identification. The factual allegations in support of that claim have gone uncontested, the People controverting only the present availability of coram nobis to test the validity of the conviction.

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