Defendant's claim that the People failed to establish the foundation required by CPL 60.25 (1) (a) (iii) for admission of the victim's out-of-court identification is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the existing record as a whole permits the inference that the victim was unable to make an in-court identification due to lack of present recollection.
On the existing record, we find that...
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