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PEOPLE v. SAMUEL

239 A.D.2d 527 (1997)

658 N.Y.S.2d 959

The People of the State of New York, Respondent, v. Bernard A. Samuel, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 19, 1997

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 [2]) 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...

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