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PEOPLE v. MISEE

119 A.D.2d 772 (1986)

The People of the State of New York, Respondent, v. Richard Misee, Appellant

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

April 21, 1986

Judgment affirmed.

In People v Kepple (98 A.D.2d 783), this court upheld the validity of the 1981 amendment to Penal Law § 140.25 (2), which eliminated the distinction between daytime and nighttime burglary (see also, People v Buyce, 97 A.D.2d 632). We continue to adhere to this decision and, accordingly, reject the defendant's contention that the imposition of a mandatory...

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