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  5. 73 N.Y.2d 596 (1989)
 

PEOPLE v. FOSTER

73 N.Y.2d 596 (1989)

The People of the State of New York, Respondent, v. Daniel Foster and Kathleen Paolo, Appellants.

Court of Appeals of the State of New York.

Decided May 11, 1989.

Attorney(s) appearing for the Case

Daniel Foster and Kathleen Paolo, appellants pro se.

Robert M. Morgenthau, District Attorney (John W. Moscow, Mark Dwyer and Beth D. Jacob of counsel), for respondent.

Judges SIMONS, HANCOCK, JR., and BELLACOSA concur with Chief Judge WACHTLER; Judge ALEXANDER dissents and votes to affirm in a separate opinion in which Judge TITONE concurs; Judge KAYE taking no part.

Chief Judge WACHTLER.

The defendants were convicted of larceny for executing a default judgment which is allegedly jurisdictionally defective. The defect, which relates to the sufficiency of the service of the summons on the defaulting party, appears on the face of the application for default. The People claim that the defendants knew that they had not properly served the summons and thus committed larceny. The...

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