Judgment affirmed.
On appeal, defendant argues that he was not properly convicted of burglary in the second degree, since the People did not prove beyond a reasonable doubt that the crime was committed "at night" (see Penal Law, § 140.25). However, this very same point was raised by the defendant's codefendant, William Earl Smith, on his appeal from a judgment of conviction for burglary in the second degree, and was specifically
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