Opinion
July 12, 1989
Appeal from the Supreme Court, Erie County, Kubiniec, J.
Present — Doerr, J.P., Denman, Boomer, Green and Pine, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the evidence of forcible compulsion was legally insufficient, or, alternatively, that it was against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). We disagree. The jury could reasonably have concluded that the victim submitted to sodomy and sexual abuse on the occasion at issue because defendant threatened her with physical injury (see, Penal Law § 130.00). We have examined defendant's other contentions and find that none has merit.