Appellate Division of the Supreme Court of the State of New York November 9, 2001 (People v. Kerruish)

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts each of rape in the third degree (Penal Law § 130.25 [2]) and sodomy in the third degree (Penal Law § 130.40 [2]), and one count each of attempted rape in the third degree (Penal Law §§ 110.00, 130.25 [2]), sodomy in the first degree (Penal Law § 130.