People v. Rodriguez
Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Pitaro, J.), rendered June 28, 1990, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment be affirmed.
As part of the People’s case-in-chief, two police officers testified that as a result of a "conversation” with the defendant’s stepdaughter and her boyfriend, the officers, along with the stepdaughter and boyfriend, searched for and found the defendant, who was carrying a gun in his waistband. The stepdaughter and her boyfriend then testified on direct examination, as witnesses for the defense, that they were present in the police car when the defendant, driving a car that he did
We also conclude that the police officers’ testimony on rebuttal was properly admitted in this case. Although a witness may not be impeached with extrinsic evidence on a collateral issue, we find that the conversations at issue, to the extent they were evidence that the defendant possessed a gun and pointed it at the defense witnesses’ heads, were not collateral, but relevant to disprove the defendant’s contention that the gun was found in the car rather than on his person (see, People v Cade, 73 NY2d 904; People v Schwartzman, 24 NY2d 241, 245; People v Arcarola, 134 AD2d 435; People v Knight, 173 AD2d 736, supra).
The defendant’s remaining contention is unpreserved for appellate review and, in any event, without merit. Mangano, P. J., Thompson, Lawrence and Santucci, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.