MATTER OF COLLEEN


242 A.D.2d 877 (1997)

662 N.Y.S.2d 673

In the Matter of Colleen A. S. and Others, Children Alleged to be Abused and/or Neglected. Yates County Department of Social Services, Respondent; Paul A. S., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 30, 1997


Order unanimously affirmed without costs.

Memorandum:

We reject respondent's contention that Family Court erred in admitting irrelevant evidence of a prior incident of sexual abuse and excluding relevant evidence bearing on the credibility of the infant complainant. Respondent's attorney "opened the door" on his cross-examination of the infant by eliciting testimony about the prior incident of sexual abuse not elicited...

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