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PEOPLE v. TOWNES

104 A.D.2d 1057 (1984)

The People of the State of New York, Respondent, v. Keith Townes, Appellant

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

October 29, 1984

Judgment affirmed.

Defendant argues that the People failed to adduce any evidence of the time of sunrise on the morning of the crime and, therefore, failed to prove the nighttime element of burglary in the second degree, an essential element of the crime as defined by subdivision 2 of section 140.25 of the Penal Law as it existed on January 1, 1981. "Night" is defined by subdivision 4 of section 140.00 of the Penal Law as the period between 30

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