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  5. 74 N.Y.2d 174 (1989)
 

PEOPLE v. MAHBOUBIAN

74 N.Y.2d 174 (1989)

The People of the State of New York, Respondent, v. Houshang Mahboubian, Appellant. The People of the State of New York, Respondent, v. Nedjatollah Sakhai, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1989.

Attorney(s) appearing for the Case

Nathan Z. Dershowitz, Victoria B. Eiger and Alan M. Dershowitz for appellant in the first above-entitled action.

Anthony M. Miranda and Carlo M. Perfetto for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney (Anne Beane Rudman and Mark Dwyer of counsel), for respondent in the first and second above-entitled actions.

Chief Judge WACHTLER and Judges SIMONS, HANCOCK, JR., and BELLACOSA concur with Judge KAYE; Judge TITONE concurs in part and dissents in part and votes to reverse, dismiss the attempted grand larceny count and order a new trial on the burglary and conspiracy counts in a separate opinion in which Judge ALEXANDER concurs.

KAYE, J.

In a case involving a staged theft of Persian antiquities, with the objective of recovering $18.5 million in insurance proceeds, the central issues on appeal are whether joint trial of the two defendants was proper, and whether the acts charged amounted to attempted grand larceny and burglary.

I.

Viewing the evidence in the light most favorable to the People, the proof was sufficient...

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