Majority
p. 1003The People of the State of New York, Respondent, v Ronald Labenski, Appellant.
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 AD2d 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 11 A, CPL 60.30, at 511-512). We have examined the other issues raised by defendant and they also lack merit. (Appeal from judgment of Supreme Court, Onondaga County, Gorman, J.— assault, first degree.) Present — Dillon, P. J., Boomer, Green, Pine and Balio, JJ.