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PEOPLE v. INGRAM

No. 43.

18 N.Y.3d 948 (2012)

967 N.E.2d 695

944 N.Y.S.2d 470

2012 NY Slip Op 2340

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TECOY INGRAM, Appellant.

Court of Appeals of New York.

Decided March 29, 2012.

Attorney(s) appearing for the Case

Mitchell Goris Stokes & O'Sullivan, LLP, Cazenovia ( Stewart F. Hancock, Jr. , of counsel), and Hiscock Legal Aid Society, Syracuse ( Philip Rothschild and Piotr Banasiak of counsel), for appellant.

William J. Fitzpatrick , District Attorney, Syracuse ( James P. Maxwell and Victoria M. White of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and JONES concur in memorandum; Judge PIGOTT dissents and votes to affirm in an opinion in which Judge SMITH concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum.

CPL 470.15 (1) precludes the Appellate Division from reviewing an issue that was either decided in an appellant's favor or was not decided by the trial court (see People v Concepcion, 17 N.Y.3d 192 [2011]; People...

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