022393 Doctor convicted of illegal abortion''

Dr. Abu Hayat, known to critics as "the butcher of Avenue A," was convicted yesterday of illegal abortion and assault in an operation that resulted in the birth of a maimed baby.

He also was convicted of assault for a half-completed abortion that resulted in a woman nearly dying from infection.

The jury of nine men and three women told state Supreme Court Justice Jeffrey Atlas on the fifth day of deliberations that it was deadlocked on two of the 11 charges and could not deliberate further. Hayat, 63, showed no emotion as the verdict was read. He also was convicted of offering a false instrument for filing, falsifying business records and other minor charges. Atlas increased Hayat's bail from $5,000 to $35,000 while he awaits his March 15 sentencing. He faces a maximum of five to 15 years in prison on each of three firstdegree assault counts, the most serious charge. The maximum sentence for illegal abortion is 16 months to four years.

It was charged in the three-week trial that Hayat began an abortion on Rosa Rodriguez, 22, on

Oct. 25, 1991, when she was nearly eight months pregnant. The baby, Ana Rosa, was born without her right arm.

The doctor also kicked Marie Moise, 40, out of his office in the middle of an abortion on March 17, 1991, because her husband, David, could not pay $500, prosecutors said.

Hayat still faces an additional charge of sexual abuse. The judge ordered a separate trial on that count.

The state revealed after his arrest that Hayat had been investigated since 1988. His medical license was lifted last April.

At his license revocation hearing, a doctor told the state Health Department's Board of Professional Medical Conduct about the death of a Brooklyn teen-ager.

Dr. Patricia Harding said Hayat punctured the uterus of Sophie McCoy, 17, on Sept. 18, 1990. She died from infection eight days later.

Harding said she called Hayat after the teen-ager was hospitalized and he replied, "I never touched her."

Hayat's reply was similar when the panel asked him about the two cases he was tried for, Assistant District Attorney Margaret Finerty said. He denied seeing Mrs. Moise and said he refused to do an abortion on Rodriguez because of her advanced pregnancy.