PEOPLE v. MILLER


62 A.D.2d 1003 (1978)

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

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

April 3, 1978


Judgment affirmed.

At the defendant's first trial, the court granted the prosecutor's motion to amend the bill of particulars to reflect that the alleged sale of heroin took place at the Southampton Village Motel instead of at the Shinnecock Motel, as was stated in the bill of particulars. The court denied the defendant's motion to preclude and granted his application for a mistrial. Having requested a mistrial, the defendant may not now argue that the second trial...

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