People v. Miller

*1128As 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 NY2d 311 [1980]; People v Bryan, 55 AD3d 921 [2008]; People v Paasewe, 276 AD2d 807 [2000]; People v Casseus, 199 AD2d 525 [1993]; People v Allen, 177 AD2d 700 [1991]; People v Reed, 83 AD2d 645 [1981]). However, under the circumstances, the error was harmless (see People v Crimmins, 36 NY2d 230 [1975]; People v Archie, 200…