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PEOPLE v. MILLER

213 A.D.2d 271 (1995)

624 N.Y.S.2d 27

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

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

March 21, 1995

The trial court properly denied defendant's request for permission to comment on the People's failure to call a witness to the crime since it was made after both sides had rested and was, therefore, untimely (People v Alamo, 202 A.D.2d 349, lv denied 84 N.Y.2d 822; People v Kaplan, 199 A.D.2d 82). Defendant failed to establish that the witness was available and that his testimony...

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