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PEOPLE v. MAHBOUBIAN

136 Misc.2d 975 (1987)

The People of the State of New York, Plaintiff, v. Houshang Mahboubian and Nedjatollah Sakhai, Defendants.

Supreme Court, New York County.

July 31, 1987

Attorney(s) appearing for the Case

Patrick M. Wall for Houshang Mahboubian, defendant. Hoffman, Pollok & Gasthalter (Mark A. Summers of counsel), for Nedjatollah Sakhai, defendant. Robert M. Morgenthau, District Attorney (Cyrus Vance, Jr., of counsel), for plaintiff.

RENA K. UVILLER, J.

Is a defendant guilty of burglary if the purpose of his unlawful entry into premises is to further or prepare for a crime that cannot be, and is not intended to be, consummated inside those premises? New York cases do not address the question.

In the early hours of January 5, 1986, a three-man crew of professional art and antiques thieves broke into the Regency Worldwide Warehouse...

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