Appellate Division of the Supreme Court of the State of New York February 24, 2000 (People v. Heath)

Graffeo, J.

Appeal from a judgment of the County Court of Schenectady County (Tomlinson, J.), rendered January 15, 1997, upon a verdict convicting defendant of five counts of the crime of sexual abuse in the third degree.

This case arises out of two incidents involving defendant’s sexual conduct toward his former girlfriend on February 20, 1996 and April 3, 1996.