Defendant, who has previously been convicted of a felony, admittedly burglarized a private home in midday, gaining entry by breaking a window in the back door and unlocking it. The thrust of his appeal is that the September 1, 1981 amendment (L 1981, ch 361) to subdivision 2 of section 140.25 of the Penal Law, classifying a daytime burglary of a dwelling as punishable as a class C violent felony, is unconstitutional as violative of both due process and the Eighth Amendment...
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