May 20, 1985
Appeal from the Supreme Court, Kings County (Lombardo, J.).
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).
The other issues raised by defendant have not been preserved for review and we decline to address them in the interest of justice. Weinstein, J.P., Rubin, Lawrence and Kunzeman, JJ., concur.