Opinion
October 17, 1994
Appeal from the Supreme Court, Suffolk County (Tisch, J.).
Ordered that the judgment is affirmed.
The defendant's contentions that the evidence was legally insufficient to prove forcible compulsion is not preserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The testimony of the complainant established that the defendant told the complainant that he had a gun, that he would kill her if she tried to run away, that he pulled her by her hair to keep her from leaving, and that he put her into his closet before he forced her, against her will, to engage in various sexual acts. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The sentence imposed was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review (see, CPL 470.05) or are without merit. Copertino, J.P., Pizzuto, Altman and Hart, JJ., concur.