Opinion
December 7, 1987
Appeal from the Supreme Court, Suffolk County (D'Amaro, J.).
Ordered that the judgments are affirmed.
The defendant's contention that the prosecution failed to adduce legally sufficient evidence concerning the forcible compulsion element of the instant crimes is without merit. The record reveals that, despite her continued protests, the complainant was forcibly pulled into the vehicle occupied by her four male assailants, transported to the defendant's apartment against her will, physically held down by the defendant and his accomplices during portions of the sexual attack, and repeatedly threatened with physical harm if she did not cooperate with her assailants. Moreover, the complainant's verbal protestations, her attempts to kick at one of her attackers, and her attempt to escape through a window amply sufficed under the circumstances of this case to prove her earnest resistance (see, Penal Law § 130.00 [former (8)]; People v Russo, 118 A.D.2d 740, lv denied 67 N.Y.2d 1056; People v Kranitz, 104 A.D.2d 956; People v Randall, 86 A.D.2d 918; People v Locke, 70 A.D.2d 686).
We have considered the defendant's remaining contentions and find them to be unpreserved for appellate review or without merit. Mangano, J.P., Bracken, Eiber and Kunzeman, JJ., concur.