PEOPLE v. RAMOS

Ordered that the judgments are affirmed.

The defendant stands convicted of raping the complainant in her apartment on November 11, 1990, and May 22, 1991. The defendant argues that the complainant consented to the intercourse on November 11, 1990, and argues that his conviction for that rape was not supported by legally sufficient evidence, and was against the weight of the evidence. We disagree.

Viewing the evidence adduced at the trial of Indictment No. 6980/90 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 beyond a reasonable doubt that the defendant used forcible compulsion to engage in intercourse with the complainant on November 11, 1990 (see, Penal Law § 130.35). The proof establishes that she submitted out of fear for the safety of herself and her children (see, People v. Thompson, 72 N.Y.2d 410, 415-416; People v. Coleman, 42 N.Y.2d 500, 505-506). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt on that indictment was not against the weight of the evidence (see, CPL 470.15).

The defendant's sentences are not excessive (see, People v Suitte, 90 A.D.2d 80).

We have considered the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Bracken, J.P., Sullivan, Rosenblatt and Miller, JJ., concur.