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PEOPLE v. MILLER

89 N.Y.2d 1077 (1997)

681 N.E.2d 1283

659 N.Y.S.2d 837

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

Court of Appeals of the State of New York.

Decided May 13, 1997.

Attorney(s) appearing for the Case

Alan S. Axelrod, New York City, and Daniel Greenberg for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Robert M. Raciti and Norman Barclay of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted, after a jury trial, of second degree robbery. Defendant was with three companions when he was pointed out to police officers by the complainant, a cab driver, as the person who had robbed him shortly before. All four men were frisked but defendant's companions were released. Two of defendant's companions — his alibi...

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