Gilberto Olibencia, now 57, remains in state prison serving a 25 year to life sentence for murder.

Olibencia told a County Court jury during his 2001 murder trial that a guy named “Eladio” sprayed a Ford Probe with gunshots and killed waitress Ybelise Estevez, 26, then the Manhattan mother of a 7-year-old girl. She was a passenger in a car heading toward the Nanuet Diner from Spring Valley on June 15, 2001.

Olibencia, now 57, claimed his girlfriend and “Eladio” had a beef about drugs and Eladio borrowed Olibencia’s mini-van. Olinencia told the jury he wasn’t in Rockland, though there was evidence to the contrary.

So, according to Olibencia, Eladio  killed Estevez while trying to kill the other woman, who was sitting in the car’s front seat. He never provided a last name or address for Eladio.

Not since Bronx Jeep owner Edward Summers claimed “Dino” killed one Rockland teenager and shot another in the head over the theft  a black Jeep in the 1993 at the Nanuet Mall, had the someone-else did it defense been heard. By the way, Summers was caught in the Jeep after crashing it following a police chase.

The jury believed the version presented by the police and prosecutor Louis Valvo: Olibencia came to Rockland, stalked his former girlfriend and shot up the Ford Probe as it was heading toward the Nanuet DInner. Estevez died.

Jorge Pizzaro, who drove the minivan that night, pleaded guilty to manslaughter and told the judge Olibencia fire gunshots into the car. Bullets, a .380 caliber handgun, a silencer were found at Olibencia’s house in the Bronx. The weapon matched the bullet that killed Estevez.

In 2007, a state appeals panel rejected Olibencia’s appeal during which he blamed Judge Kenneth Resnik’s decisions for the jury conviction, not Eladio.

Last week on June 2, the appellate division made sure Olibencia remained in prison by rejecting contention that he lost his 2007 appeal because of ineffective counsel, not the facts of the case.