People v. Buyce

Appeal from a judgment of the County Court of Schenectady County (Severson, J.), rendered March 9,1983, convicting defendant upon his plea of guilty of the crime of burglary in the second degree. Defendant, who has previously been convicted of a felony, admittedly burglarized a private home in midday, gaming 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…