Opinion
December 30, 1988
Appeal from the Supreme Court, Westchester County (Costellino, J.).
Ordered that the judgment is affirmed.
We disagree with the defendant's claim that she was denied a fair trial when the trial court allowed the prosecutor to introduce, on redirect examination, a statement precluded by virtue of a pretrial denial of the People's cross motion to serve a late notice pursuant to CPL 710.30. When, as here, a party opens the door on cross-examination to matters not touched upon by his opponent on his direct case, the latter may, on redirect, explain, clarify, or fully elicit the issue only partially examined on cross-examination (People v Melendez, 55 N.Y.2d 445, 451; People v Regina, 19 N.Y.2d 65, 78; People v Giallombardo, 128 A.D.2d 547, 548, lv denied 69 N.Y.2d 1004). In this instance the prosecutor merely continued the line of questioning of the police officer, begun on cross-examination, which sought to elicit those factors which caused him to conclude that the defendant was under the influence of alcohol. Mollen, P.J., Bracken, Sullivan and Harwood, JJ., concur.