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People v. Oliveres

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 2006
34 A.D.3d 602 (N.Y. App. Div. 2006)

Opinion

2004-06008.

November 14, 2006.

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered June 8, 2004, convicting him of rape in the first degree, sodomy in the first degree, and intimidating a victim or witness in the third degree, upon a jury verdict, and imposing sentencing.

Before: Schmidt, J.P., Adams, Skelos and Covello, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that the County Court improperly limited his cross-examination is unpreserved for appellate review ( see People v Lyons, 81 NY2d 753; People v Maddrey, 282 AD2d 761). In any event, the County Court properly limited the defendant's cross-examination ( see People v Cato, 5 AD3d 394; People v Heung K. Sul, 234 AD2d 563).

Moreover, contrary to the defendant's contention, the County Court properly denied his application to have a handwriting expert examine the victim's diary. Any testimony by a handwriting expert would have been offered solely to impeach the victim's credibility, and the credibility of a witness may not be impeached through extrinsic evidence on matters collateral to the issues in the case ( see People v Alexander, 16 AD3d 515; People v Rendon, 301 AD2d 665; People v Ragland, 240 AD2d 598).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).


Summaries of

People v. Oliveres

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 2006
34 A.D.3d 602 (N.Y. App. Div. 2006)
Case details for

People v. Oliveres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GABRIEL OLIVARES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 14, 2006

Citations

34 A.D.3d 602 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8269
824 N.Y.S.2d 172

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