Opinion
July 12, 1985
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Dillon, P.J., Doerr, Boomer, O'Donnell and Pine, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's conviction of sexual abuse in the first degree was legally permissible, based on proof that he bit complainant's breasts by forcible compulsion, even though the jury acquitted him of rape and sodomy charges involving conduct during the same incident (Penal Law § 130.65; § 130.00 [3]; see, People v. Ditta, 52 N.Y.2d 657).
We have examined defendant's other claims of error and find them to be without merit.