Ordered that the judgment is affirmed.
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, including the element of physical helplessness ( see, Penal Law § 130.00; § 130.35 [2]; § 130.65 [2]; People v. Cirina, 143 A.D.2d 763). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
Miller, J. P., Thompson, Sullivan and McGinity, JJ., concur.