People v. Miller

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered February 24, 1994, convicting defendant, after jury trial, of robbery in the second degree, and sentencing him to a prison term of from 2 to 6 years, is affirmed.

It is clear that the People have a right to cross-examine a witness regarding his failure to come forward with exculpatory information prior to trial. In order to lay a proper foundation for such questioning, the People must show circumstances "in which the natural impulse of a person possessing exculpatory information would be to come forward at the earliest…