People v. Mahboubian

OPINION OF THE COURT

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.

*976In the early hours of January 5, 1986, a three-man crew of professional art and antiques thieves broke into the Regency Worldwide Warehouse in Queens. Within the premises they located two crates containing a purportedly multimillion dollar collection of Persian antiquities and removed them from the warehouse, only…