Opinion
October 3, 1994
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the judgment is affirmed.
The defendant's right to be present at all material stages of the proceedings against him was not violated when, on the morning of the jury's final day of deliberations, the trial court called the jury into the courtroom and, in the defendant's absence, instructed it to resume its deliberations (see, People v. Smith, 204 A.D.2d 748); People v. Nixon, 172 A.D.2d 366).
The defendant contends that the proof of forcible compulsion that was adduced at trial is legally insufficient. This issue is unpreserved for appellate review (see, CPL 470.05; People v. Adams, 194 A.D.2d 680; People v. Hemphill, 187 A.D.2d 728; People v. Johnson, 185 A.D.2d 247). In any event, there is legally sufficient evidence to support the verdict. Moreover, upon the exercise of our factual review (see, CPL 470.15), we are satisfied that the verdict is not against the weight of the evidence.
Finally, the defendant's remaining contention is unpreserved for appellate review, and we decline to reach it in the interest of justice. Bracken, J.P., Altman, Krausman and Goldstein, JJ., concur.