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Williams (D) was found guilty of murder in the first degree. The jury recommended life imprisonment, but the trial judge imposed a sentence of death. The judge imposed death stating that the trial evidence had been considered in the light of additional information obtained through the court's 'Probation Department, and through other sources.' This additional information was allowed to be considered under § 482 of New York Criminal Code. The evidence used indicated that the judge thought that D was responsible for 30 other burglaries in the area. D had not been convicted of these burglaries, although the judge had information that he had confessed to some and had been identified as the perpetrator of some of the others. The judge also found that D had a morbid sexuality that had classified him as a menace to society. D appealed. The Court of Appeals affirmed the conviction and sentence over D's contention that the Statute is in violation of the due process clause of the Fourteenth Amendment. The sentence of death was based upon information supplied by witnesses with whom D had not been confronted and as to whom he had no opportunity for cross-examination or rebuttal. The Supreme Court granted certiorari.

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