People v. Reiter

— Harvey, J.

Appeal, by permission, from an order of the County Court of Albany County *835(Turner, Jr., J.), entered January 13, 1986, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of grand larceny in the third degree, after a hearing.

In October 1979, defendant was indicted by an Albany County Grand Jury for the crimes of grand larceny in the third degree and scheme to defraud in the first degree. The indictment resulted from defendant’s alleged activity of soliciting mail orders from coin collectors with no intention of completing the…