Williams v. New York

Mr. Justice Black delivered the opinion of the Court.

A jury in a New York state court found appellant guilty of murder in the first degree.[1] The jury recommended life imprisonment, but the trial judge imposed sentence of death.[2]- In giving his reasons for imposing the death sentence the judge discussed in open court the evidence upon.which the jury had convicted stating that this evidence had been considered in the light of additional information obtained through the court’s “Probation Department, and through other sources.” Consideration of [*243] this additional information was pursuant to § 482 of New York Criminal Code which provides: . . Before rendering judgment or pronouncing sentence the court shall .cause the defendant’s previous criminal record to be submitted to it, including any reports that may have been made as a result of a mental, phychiatric [sic] or physical examination of such person, and may seek' any information that will aid the court in determining the proper treatment of such defendant.”

The Court of Appeals of New York affirmed the conviction and sentence over the' contention that as construed and applied the controlling penal statutes are in violation of the due process clause of the Fourteenth Amendment of the Constitution of the United States “in that the sentence of death was based upon information supplied .by witnesses with whom the accused had not been confronted and as to whom he had no opportunity for cross-examination .or rebuttal . . . .” 298 N. Y. 803, 804, 83 N. E. 2d 698, 699. Because the statutes were sustained over this constitutional challenge the case is here on appeal under 28 U. S. C. § 1257 (2). . .