PEOPLE v. LABENSKI


156 A.D.2d 1003 (1989)

The People of the State of New York, Respondent, v. Ronald Labenski, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 20, 1989


Judgment unanimously affirmed.

Memorandum:

There is no merit to defendant's challenge to the propriety of trial testimony that the victims had seen defendant at an earlier hearing. Reliance on People v Annis (48 A.D.2d 622) is misplaced because CPL 60.30 has since been amended to eliminate its rationale (see, Bellacosa, Practice Commentary, McKinney's Cons Laws of NY, Book 11A, CPL 60.30, at 511-512). We have...

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