The defendant has moved to dismiss the indictment for burglary in the second degree (Penal Law, § 140.25, subd 2) on the grounds that the recent amendment to the burglary statute which reclassified a daytime burglary of a dwelling as a violent C felony with a mandatory State prison sentence is violative of his right to due process and constitutes cruel and unusual punishment. These arguments will be addressed in detail.
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