People v. Miller

• Decision Date: 23 April 2001
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>DEREK MILLER, Appellant.
• Court: New York Supreme Court — Appellate Division

282 A.D.2d 691

723 N.Y.S.2d 684

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.DEREK MILLER, Appellant.

Decided April 23, 2001.

Bracken, P. J., Florio, Schmidt and Adams, JJ., concur.

Ordered that the judgments are affirmed.

Contrary to the defendant's contentions, the trial court's refusal to give a missing witness charge in connection with the People's failure to call witnesses known as "Nyomi" and "J-Rock" was proper. Nothing in the record indicates that the testimony of those missing witnesses would have been any different from that of the complaining witness and the two police officers, and therefore, such testimony would have been cumulative (see, People v Porter, 110 AD2d 662; People v Tate, 199 AD2d 291; People v Jie Mei Chen, 271 AD2d 697).