AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

THE PEOPLE, ETC., RESPONDENT v. DEREK MILLER, APPELLANT.

DECISION ORDER

ORDERED that the judgments are affirmed.

Contrary to the defendant's contentions, the trial court's refusal to give a missing witness charge in connection with the People's failure to call witnesses known as "Nyomi" and "J-Rock" was proper. Nothing in the record indicates that the testimony of those missing witnesses would have been any different from that of the complaining witness and the two police officers, and therefore, such testimony would have been cumulative (see, People v. Porter, 110 A.D.2d 662; People v. Tate, 199 A.D.2d 291; People v. Jie Mei Chen, 271 A.D.2d 697).

Use AI to get other relevant cases.

Comments

PEOPLE v. MILLER
(Apr 23, 2001)