People v. Olivares
Decision Date | 14 November 2006 |
Docket Number | 2004-06008. |
Citation | 34 A.D.3d 602,824 N.Y.S.2d 172,2006 NY Slip Op 08269 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GABRIEL OLIVARES, Appellant. |
Court | New 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]).
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