People v. Miller

OPINION OF THE COURT

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 witnesses at trial — followed defendant and the arresting officers to the station house. According to an alibi witness, the witnesses tried to inform police officers at…