From Casetext: Smarter Legal Research

People v. Ruiz

Appellate Division of the Supreme Court of New York, First Department
May 3, 2005
18 A.D.3d 220 (N.Y. App. Div. 2005)

Opinion

6002.

May 3, 2005.

Judgment, Supreme Court, Bronx County (Ira R. Globerman, J.), rendered on or about December 17, 2002, convicting defendant, after a jury trial, of course of sexual conduct against a child in the first and second degrees and two counts of endangering the welfare of a child, and sentencing him to an aggregate term of 20 years, unanimously affirmed.

Before: Mazzarelli, J.P., Sullivan, Ellerin, Gonzalez and Sweeny, JJ., concur.


The court properly exercised its discretion in imposing reasonable limits on defendant's elicitation of evidence on direct and cross-examination, and none of the court's evidentiary rulings deprived defendant of his rights to confront witnesses and present a defense ( see Crane v. Kentucky, 476 US 683, 689-690; Delaware v. Van Arsdall, 475 US 673, 678-679). The court properly precluded evidence that one of the victims had also been sexually abused by someone other than defendant, since there was no relevant connection between that incident and the charges against defendant ( see People v. Mandel, 48 NY2d 952, 953, cert denied 446 US 949). Defendant's theory that this evidence, as well as other precluded evidence concerning the details of certain interconnected family relationships, tended to establish a motive for the child victims to give false testimony is remote and speculative ( see People v. Thomas, 46 NY2d 100, 105, appeal dismissed 444 US 891). Furthermore, the court properly precluded cross-examination of the psychologist regarding gynecological matters beyond his expertise ( see People v. Bellini, 162 AD2d 693, lv denied 76 NY2d 937).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.


Summaries of

People v. Ruiz

Appellate Division of the Supreme Court of New York, First Department
May 3, 2005
18 A.D.3d 220 (N.Y. App. Div. 2005)
Case details for

People v. Ruiz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL RUIZ, Appellant

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

Date published: May 3, 2005

Citations

18 A.D.3d 220 (N.Y. App. Div. 2005)
794 N.Y.S.2d 353

Citing Cases

Ross v. New York

(Tr. 1185:14-19, 1191:19-22.) People v. Ruiz, 18 A.D.3d 220 (1st Dept. 2005); People v. Lyons, 2010 WL…

People v. Hunter

However, in order for a complainant's unrelated complaint of sexual abuse by a third person to be relevant to…