Defendant's conviction of burglary under South Carolina Code Annotated § 16-11-312 (A) did not qualify as a predicate felony to enhance defendant's sentence because the South Carolina statute does not contain all of the essential elements of a comparable New York felony. To be guilty of burglary in the second degree in New York, a defendant must knowingly enter or remain unlawfully in a dwelling with the intent to commit a crime therein (Penal Law § 140.25 [2])...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
