People v. Joseph

*839The defendant was charged with murder in the second degree and other crimes arising from a homicide outside the defendant’s home in Yaphank. At trial, the defendant’s cousin testified that the defendant was present at the scene but did not participate in the charged crimes. The prosecutor cross-examined the defendant’s cousin about his failure to come forward to law enforcement officials with this exculpatory account. The defendant’s contention that the County Court erred in permitting this cross-examination is without merit, because the People laid a proper foundation (see People v Miller,…