Opinion
May 5, 1997
Appeal from the Supreme Court, Kings County (Marrus, J.).
Ordered that the judgment is affirmed.
The defendant contends that the prosecution failed to prove the element of forcible compulsion in connection with the charges of rape in the first degree. That claim was not preserved for appellate review ( see, CPL 470.05) and, in any event, is without merit. The forcible compulsion element of rape in the first degree was established by evidence that the defendant used his superior age, size, and strength to overpower his victim ( see, e.g., People v. Hodges, 204 A.D.2d 739; People v Roman, 179 A.D.2d 352; People v. Yeaden, 156 A.D.2d 208). The victim was also forcibly compelled to submit to the defendant's sexual demands by his repeated threats to harm her twelve-year-old sister ( see, People v. Ramos, 200 A.D.2d 601).
In addition, viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the defendant's conviction on all five counts of rape in the third degree.
Bracken, J.P., Sullivan, Santucci and Altman, JJ., concur.