People v. Williams

In two coram nobis proceedings, defendant appeals from the two orders of the Supreme Court, Queens County, dated September 11, 1968 and February 27, 1969, respectively, which denied the applications without a hearing. 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” that the identification was based upon observations of the suspect other than the police station identification (People v. Ballott, 20 N Y 2d 600, 607). Christ, P. J., Munder, Martuscello, Latham and Kleinfeld, JJ., concur.