People v. Miner

Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s argument that the jury’s verdict is repugnant. The fact that the jury did not believe that defendant possessed a knife does not negate the forcible compulsion element of rape and sexual abuse in the first degree (see, People v Goodfriend, 100 AD2d 781, 781-782, affd 64 NY2d 695). Defendant argues that he was denied a fair trial by prosecutorial misconduct. County Court sustained defendant’s objection to each instance of alleged misconduct, and defendant did not request further curative instruction or move for a…