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PEOPLE v. BROWN

111 A.D.2d 343 (1985)

The People of the State of New York, Respondent, v. Francisco Brown, Also Known as Sisco, Appellant

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

May 20, 1985

Judgment affirmed.

Defendant was properly convicted of burglary in the second degree because he remained in the victim's apartment without her consent once she realized that he and his accomplices were in the process of stealing her stereo (see, Penal Law § 140.25). Defendant's conviction of felony murder must stand because the victim was killed in the course of the burglary (see, People v Joyner, 26 N.Y.2d 106

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