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PEOPLE v. CUMMINS

232 A.D.2d 202 (1996)

648 N.Y.S.2d 22

The People of the State of New York, Respondent, v. Sean Cummins, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 8, 1996

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 carrying on a business, and others of which would constitute only misdemeanors, namely breaking and entering into a "vehicle" not...

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