Appellate Division of the Supreme Court of the State of New York May 3, 2012 (People v. Ingram)

Garry, J.

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered March 21, 2011, convicting defendant following a nonjury trial of the crime of assault in the second degree (two counts).

In January 2010, defendant hit and kicked his girlfriend (hereinafter the victim). In April 2010, he punched her repeatedly in the eyes.