Opinion
April 21, 1986
Appeal from the County Court, Rockland County (Edelstein, J.).
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 sentence pursuant to this legislative amendment was violative of the 8th Amendment proscription against cruel and unusual punishment.
We have reviewed the defendant's remaining contention and find it to be without merit. Mangano, J.P., Gibbons, Weinstein, Eiber and Spatt, JJ., concur.