People v. Miller

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or about March 3, 2008, which denied defendant’s CPL 440.10 motion to vacate, on the ground of ineffective assistance of counsel, a judgment of the same court and Justice, rendered March 28, 2001, as amended April 20, 2001, unanimously affirmed.

Although several aspects of the court’s main and supplemental jury instructions were similar to language we disapproved in People v Johnson (11 AD3d 224 [2004], lv denied 4 NY3d 745 [2004]), the question here is not merely whether those instructions were improper, but includes…