People v. Miller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Case held, decision reserved and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: The contention of defendant that County Court erred in its denial of his application for a missing witness charge is not preserved for our review (see, *1002People v Gonzalez, 68 NY2d 424, 427-428; People v Peterson, 188 AD2d 1002, Iv denied 81 NY2d 891; People v Ruiz, 176 AD2d 683, 684, lv denied 79 NY2d 952). The further contention of defendant that the 19th count of the indictment is duplicitous is also not preserved for our review (see, CPL 210.20 [2];…
2Cases cited5 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. MichalekAppellate Division of the Supreme Court of the State of New York · 1995
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 1992
- People v. RuizAppellate Division of the Supreme Court of the State of New York · 1991
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by8 opinions
- People v. FontanezAppellate Division of the Supreme Court of the State of New York · 1998
- People v. SchultzAppellate Division of the Supreme Court of the State of New York · 1999
- People v. IrelandAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SharpeAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BaxterAppellate Division of the Supreme Court of the State of New York · 1996
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