Opinion
April 15, 1993
Appeal from the Supreme Court, Broome County (Monserrate, J.).
Defendant concedes sexual contact and attempted sexual intercourse with the 13-year-old victim. However, he challenges his conviction of attempted rape in the first degree and sexual abuse in the first degree on the ground that the necessary element of forcible compulsion was not proven as to either crime.
We disagree. Defendant confronted the victim in the back of his van and when she refused his order to lie down and take off her clothes, he pushed her down, lay on top of her and pulled her clothes down. The victim's testimony, if believed, was sufficient to prove forcible compulsion (see, People v Sargeant, 128 A.D.2d 914, 915). Her testimony was also supported by her sister, who in large part corroborated what the victim testified to. This testimony also established the element of forcible compulsion (see, People v Roman, 179 A.D.2d 352, lv denied 79 N.Y.2d 952).
Levine, Crew III, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.