PEOPLE v. MILLER


227 A.D.2d 346 (1996)

643 N.Y.S.2d 74

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

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

May 30, 1996


It is clear that the People have a right to cross-examine a witness regarding his failure to come forward with exculpatory information prior to trial. In order to lay a proper foundation for such questioning, the People must show circumstances "in which the natural impulse of a person possessing exculpatory information would be to come forward at the earliest possible moment in order to forestall the mistaken prosecution of a friend or loved one" (People v Dawson,...

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