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MILLER, VINCENT, PEOPLE v
Citation: Not availableDocket: KA 10-02512
Court: Appellate Division of the Supreme Court of the State of New York; June 8, 2012; New York; State Appellate Court
Original Court Document: View Document
Vincent Miller was convicted by a jury for promoting prison contraband in the first degree under Penal Law § 205.25(2). He appealed the judgment rendered by Oneida County Court, arguing that the evidence was legally insufficient and challenging the admission of a correction officer's testimony. The appellate court affirmed the judgment, noting that Miller did not preserve his legal sufficiency challenge due to a lack of specific objections at trial and failing to renew his motion after presenting evidence. The court determined that the evidence was sufficient, as it established Miller knowingly possessed dangerous contraband while incarcerated. Miller also contested the correction officer's testimony, but the court found no error in its admission since the officer’s testimony was based on personal knowledge and did not encroach on jury determinations. Additionally, the court upheld the preclusion of evidence regarding Miller's prior prison disciplinary hearing, deeming it irrelevant and potentially confusing for the jury. The court dismissed claims of ineffective assistance of counsel, asserting that Miller was adequately represented and had the opportunity to consult with counsel during the grand jury proceedings, ultimately choosing not to testify. The appellate court reviewed and rejected all remaining arguments presented by Miller, concluding they lacked merit. The judgment was entered on June 8, 2012.