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PEOPLE v. FOSTER

135 Misc.2d 1029 (1987)

The People of the State of New York, Plaintiff, v. Daniel P. Foster and Kathleen Paolo, Defendants.

Supreme Court, Criminal Term, New York County.

June 19, 1987

Attorney(s) appearing for the Case

Daniel P. Foster, defendant pro se. Kathleen Paolo, defendant pro se. Robert M. Morgenthau, District Attorney (Beth Jacobs of counsel), for plaintiff.

HERMAN CAHN, J.

Movants are two attorneys who have been indicted for, among other crimes, grand larceny, second degree (count 5). This count of the multicount indictment is based on their executing a default judgment allegedly obtained by means of improper service. The allegations are an innovative use of the grand larceny statute.

Movants move to set aside their conviction of count 5.

THE...

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