People v. Savage

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 NY2d 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 [8]). We have examined defendant’s other contentions and find that none has merit. (Appeal from judgment of Supreme Court, Erie County, Kubiniec, J. — sodomy, first degree; sexual abuse, first degree.) Present — Doerr, J. P., Den-man, Boomer, Green and Pine, JJ.