People v. Calabro

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Rosato, J.), rendered November 2, 1988, convicting him of *737rape in the first degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

The defendant contends that the People failed to prove that he engaged in sexual intercourse with the complainant by "forcible compulsion”, as defined in Penal Law § 130.00 (8) and as required by Penal Law § 130.35 (1). However,…