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PEOPLE v. INGRASSIA

2018-07032. Ind. No. 598/17.

207 A.D.3d 751 (2022)

170 N.Y.S.3d 896

2022 NY Slip Op 04740

The People of the State of New York, Respondent, v. Ralph Ingrassia, Appellant.

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

Decided July 27, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Leila Hull of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Rebecca Nealon of counsel), for respondent.

Dillon, J.P., Roman, Maltese and Genovesi, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's claim that the People failed to lay a proper foundation pursuant to CPL 60.25 for the admission of third-party testimony regarding the complainant's prior, out-of-court identification of the defendant is preserved for appellate review because the Supreme Court, in response to the defendant's protest, "expressly decided the question raised on appeal" (CPL 470.05[2]; see People...

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