Opinion
December 16, 1991
Appeal from the Supreme Court, Kings County (Zweibel, J.).
Ordered that the judgment is affirmed.
The defendant does not dispute that he engaged in sexual intercourse with the complainant, but contends that the People failed to prove the element of "forcible compulsion" (see, Penal Law § 130.00; § 130.35 [1]). We disagree. The complainant testified that, as she was about to leave the defendant's apartment on the morning of February 11, 1989, the defendant pushed her onto a bed and sexually assaulted her. Additionally, she graphically described the attack. Viewing the complainant's testimony in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was sufficient to establish the element of forcible compulsion beyond a reasonable doubt (see, Penal Law § 130.00; People v Thompson, 158 A.D.2d 563). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15). Lawrence, J.P., Balletta, Rosenblatt and O'Brien, JJ., concur.