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PEOPLE v. MILLER

46 A.D.2d 108 (1974)

The People of the State of New York, Respondent, v. Willie Miller, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 5, 1974.

Attorney(s) appearing for the Case

Betty D. Friedlander for appellant.

D. Bruce Crew, III, District Attorney, for respondent.

KANE, MAIN and REYNOLDS, JJ., concur with SWEENEY, J.; HERLIHY, P. J., dissents and votes to reverse in an opinion.

SWEENEY, J.

Defendant has been convicted of the crime of murder and sentenced to an indeterminate prison term with a minimum of 15 years and a maximum of life. Concededly, defendant, Willie Miller, shot his sister, Minnie Miller, while they were in the upstairs hallway of the Miller home in Elmira, New York, in the early morning hours of October 13, 1972. It is defendant's chief contention on this appeal that...

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