PEOPLE v. OLIVARES (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.

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 N.Y.2d 753, 593 N.Y.S.2d 776, 609 N.E.2d 129;  People v. Maddery, 282 A.D.2d 761, 724 N.Y.S.2d 346).   In any event, the County Court properly limited the defendant's cross-examination (see People v. Cato, 5 A.D.3d 394, 772 N.Y.S.2d 548;  People v. Sul, 234 A.D.2d 563, 652 N.Y.S.2d 57).

 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 A.D.3d 515, 792 N.Y.S.2d 109;  People v. Rendon, 301 A.D.2d 665, 756 N.Y.S.2d 229;  People v. Ragland, 240 A.D.2d 598, 658 N.Y.S.2d 448).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).