Opinion
July 12, 1989
Appeal from the Supreme Court, Onondaga County, Gorman, J.
Present — Dillon, P.J., Doerr, Pine, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Evidence that defendant pulled the 13-year-old victim from his pickup truck, led her by the arm into the house, ripped her shirt off, threw her on the sofa and pressed on her shoulders during intercourse constituted legally sufficient proof of forcible compulsion (see, Penal Law § 130.00; People v Fuller, 50 N.Y.2d 628; People v Bermudez, 109 A.D.2d 674, appeal dismissed 67 N.Y.2d 758).
We find that the jury verdict was not contrary to the weight of evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). Defendant's claims of prosecutorial misconduct are not preserved for our review (CPL 470.05), and the exercise of our discretion in the interest of justice (CPL 470.15 [a]) is not warranted.