People v. Rescigno

—Appeal by the People from an order of the Supreme Court, Queens County (LeVine, J.), dated September 14, 1998, which granted the defendant’s motion pursuant to CPL 440.10 to vacate a judgment of the same court, rendered March 27, 1992, convicting him of grand larceny in the third degree, burglary in the third degree, unauthorized use of a vehicle in the first degree, criminal mischief in the second degree (two counts), and conspiracy in the fourth degree.

Ordered that the order is reversed, on the law, the motion is denied, and the judgment is reinstated.

The Supreme Court applied a per se…