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PEOPLE v. MILLER

64 A.D.3d 471 (2009)

883 N.Y.S.2d 479

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD MILLER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 14, 2009.

Although several aspects of the court's main and supplemental jury instructions were similar to language we disapproved in People v Johnson (11 A.D.3d 224 [2004], lv denied 4 N.Y.3d 745 [2004]), the question here is not merely whether those instructions were improper, but includes whether trial counsel's failure to object to them—and, indeed, his specific requests for one of those...

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