PEOPLE v. MILLER

2009-04684.

82 A.D.3d 1127 (2011)

919 N.Y.S.2d 353

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CEDRIC MILLER, Appellant.

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

Decided March 22, 2011.


Ordered that the judgment is affirmed.

As correctly conceded by the People, the trial court erred in failing to grant the defendant's request to instruct the jury that an eyewitness is not obligated to come forward to law enforcement officials upon learning of the defendant's arrest (see People v Dawson, 50 N.Y.2d 311 [1980]; People v Bryan, 55...

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