People v Martin

People v Martin 2012 NY Slip Op 08038 Decided on November 21, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 21, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
2011-07596
(Ind. No. 10-01360)

[*1]The People of the State of New York, respondent,

v

Richard Martin, appellant.




John R. Lewis, Sleepy Hollow, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer
Spencer, Steven A. Bender, and
Richard Longworth Hecht of
counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Westchester County (Lorenzo, J.), rendered July 6, 2011, convicting him of driving while intoxicated, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The introduction of testimony regarding the results of a field breathalyzer test performed on the defendant did not constitute reversible error, because this testimony was elicited after defense counsel opened the door to the matter during opening statements and cross-examination (see People v Melendez, 55 NY2d 445, 451-453; People v Vines, 51 AD3d 827; People v Joyner, 295 AD2d 625). Moreover, any potential prejudice to the defendant was alleviated by the trial court's limiting instructions to the jury (see People v Vines, 51 AD3d 827; People v Hernandez, 11 AD3d 479, 782 NYS2d 776; People v Joyner, 295 AD2d at 625).
ANGIOLILLO, J.P., AUSTIN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court