PEOPLE v. BAMBERG


51 N.Y.2d 868 (1980)

The People of the State of New York, Respondent, v. Paul Bamberg, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1980.


Attorney(s) appearing for the Case

John D. B. Lewis and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Cynthia Kean of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The issue as framed by defendant is whether he has been denied due process by the failure of the hearing Judge to make an explicit finding that the in-court identification of defendant had been shown by clear and convincing evidence not to have been tainted.

It cannot be said that the absence of an explicit finding on in-court identification...

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