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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ARTHUR MILLER, DEFENDANT-APPELLANT.

Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him following a jury trial of robbery in the first degree (Penal Law § 160.15) and other crimes. We reject the contention of defendant that County Court was biased against him. We also reject his contention that the court's restriction of the cross-examination of a witness constitutes reversible error. The court properly denied defendant's request for a missing witness charge as untimely ( see, People v. Gonzalez, 68 N.Y.2d 424, 428). Finally, the sentence is neither unduly harsh nor severe.

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PEOPLE v. MILLER
(Feb 16, 2000)