Legal Opinion

People v. Cummins

Appellate Division of the Supreme Court of the State of New York

Decided October 8, 1996Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered April 29, 1994, convicting defendant, upon his plea of guilty, of two counts of burglary in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 2 to 4 years, unanimously affirmed.

The court properly adjudicated defendant a predicate felon. Since the South Carolina statute under which defendant was convicted of burglary (SC Code Annot § 16-11-312) renders criminal several acts, some of which would constitute felonies, namely, breaking and entering into a "structure” used for car*203rying…

2Cases cited1 opinion

  1. People v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1990

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