People v. Olivares

Decision Date14 November 2006
Docket Number2004-06008.
Citation34 A.D.3d 602,824 N.Y.S.2d 172,2006 NY Slip Op 08269
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GABRIEL OLIVARES, Appellant.
CourtNew York Supreme Court — Appellate Division

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 [1992]; People v Maddrey, 282 AD2d 761 [2001]). In any event, the County Court properly limited the defendant's cross-examination (see People v Cato, 5 AD3d 394 [2004]; People v Heung K. Sul, 234 AD2d 563 [1996]).

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 [2005]; People v Rendon, 301 AD2d 665 [2003]; People v Ragland, 240 AD2d 598 [1997]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Schmidt, J.P., Adams,...

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4 cases
  • Olivares v. Ercole
    • United States
    • U.S. District Court — Southern District of New York
    • 27 Septiembre 2013
    ...in the first degree, sodomy in the first degree, and intimidating a victim or witness in the third degree. People v. Olivares, 34 A.D.3d 602, 824 N.Y.S.2d 172, 173 (App.Div.2006). Petitioner was sentenced to 25–year determinatesentences for both the rape conviction and the sodomy conviction......
  • Eurospark Ind. v. Underwriters at Lloyds
    • United States
    • U.S. District Court — Eastern District of New York
    • 2 Julio 2008
    ... ... § 636(b)(1). However, depending upon history, one of two standards apply. See Urena v. People, 160 F.Supp.2d 606, 609-10 (S.D.N.Y.2001). Unobjected to findings of the R & R may be adopted by the district court so long as they are not clearly ... ...
  • People v. Serrano-Gonzalez
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Enero 2017
    ...in precluding defendant from attempting to impeach the victim as to that collateral issue (see People v. Olivares, 34 A.D.3d 602, 602, 824 N.Y.S.2d 172 [2006], lv. denied 9 N.Y.3d 879, 842 N.Y.S.2d 791, 874 N.E.2d 758 [2007] ; People v. Richardson, 28 A.D.3d 1002, 1004, 813 N.Y.S.2d 581 [20......
  • People v. Olivares
    • United States
    • New York Court of Appeals Court of Appeals
    • 30 Agosto 2007
    ...N.E.2d 758 9 N.Y.3d 879 PEOPLE v. OLIVARES. Court of Appeals of New York. August 30, 2007. Appeal from 2d Dept.: 34 A.D.3d 602, 824 N.Y.S.2d 172 Application for leave to criminal appeal denied. (Graffeo, J.). ...

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