New York Court of Appeals October 21, 1980 (People v. Bamberg)

OPINION OF THE COURT

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.