People v. Horvath

— Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered January 8, 1991, convicting him of sexual abuse in the first degree (two counts), attempted sexual abuse in the first degree, and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is *916remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

The defendant contends that he was unlawfully prosecuted for sexual abuse in the first degree and attempted sexual abuse in the first…