People v. Miller
| Decision Date | 13 May 1997 |
| Citation | 681 N.E.2d 1283,659 N.Y.S.2d 837,89 N.Y.2d 1077 |
| Parties | , 681 N.E.2d 1283 The PEOPLE of the State of New York, Respondent, v. Robert MILLER, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed.
Defendant was convicted, after a jury trial, of second degree robbery. Defendant was with three companions when he was pointed out to police officers by the complainant, a cab driver, as the person who had robbed him shortly before. All four men were frisked but defendant's companions were released. Two of defendant's companions--his alibi witnesses at trial--followed defendant and the arresting officers to the station house. According to an alibi witness, the witnesses tried to inform police officers at the station house that defendant had been in their company at a night club and, therefore, could not have committed any crime, but "no one would listen." Two police officers disputed this testimony, claiming that the witnesses never attempted to provide any exculpatory information.
Prior to the commencement of the defense case, the Trial Judge ruled that the People could question defendant's alibi witnesses about an aborted meeting with the trial assistant. The witnesses had gone with defense counsel to inform the District Attorney that they had information that would exculpate defendant. However, the witnesses refused to speak with the trial assistant outside the presence of defense counsel. There was no representation that the condition set by the witnesses was at the request or instruction of defense counsel. Perceiving a conflict of interest, the trial assistant ended the meeting and asked the witnesses to return with their own counsel. They never did.
On appeal, defendant contends that impeachment of his alibi witnesses for their failure to provide exculpatory information at the arrest scene, at the station house and at the aborted meeting was improper. Defendant's contention must be measured against the rule articulated in People v. Dawson (50 N.Y.2d 311, 428 N.Y.S.2d 914, 406 N.E.2d 771), in which this Court stated that a proper foundation may be laid for cross-examination of an alibi witness about his or her failure to come forward prior to trial by showing that the witness (i) was aware of the nature of the charge pending against the defendant; (ii) had reason to recognize that he or she possessed exculpatory information; (iii) had a reasonable motive for acting to exonerate the defendant; and (iv) was familiar with...
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