People v. Samuel

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered April 27, 1995, convicting him of rape in the first degree (two counts) and rape in the third degree (five counts), upon a jury verdict, and imposing sentence.

*528Ordered 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…