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PEOPLE v. TRAGNI

113 Misc.2d 852 (1982)

The People of the State of New York, Plaintiff, v. Peter Tragni et al., Defendants.

Supreme Court, Trial Term, New York County.

May 5, 1982

Attorney(s) appearing for the Case

David Jacobs for Peter Tragni, defendant. Joseph Domanti for John Barrios, defendant. John Patten for Anthony Mazzocchi, defendant. Herbert Adlerberg for Raheem Thomas, defendant. Jules Sack for James Dowtin, defendant. Max Lerner for Michael McCarter, defendant. Rachel Wolkenstein for Minster Dowtin, defendant. Robert M. Morgenthau, District Attorney (Kim Hogrefe of counsel), for plaintiff.

SHELDON S. LEVY, J.

Is drilling a hole through an outside wall of a building an entry within the meaning of the burglary statutes, or is it merely evidence of a breaking and an attempt to enter?

No New York court appears to have been confronted with even a similar instrumentality problem in the law of burglary under the revised Penal Law, and this decision, accordingly, is one of first impression.<...

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