952 N.E.2d 1098, 929 N.Y.S.2d 103 People v. Foss. Court of Appeals of the State of New York. June 30, 2011. Appeal from the 4th Dept: 81 AD3d 1375 (Niagara). Lippman, Ch. J. Applications in Criminal Cases for Leave to Appeal denied. Tagged: 929 N.Y.S.2d 103952 N.E.2d 1098