Opinion
2012-08472
11-16-2016
The People of the State of New York, respondent, v. Melissa D. Benjamin, appellant.
Scott B. Tulman, New York, NY, for appellant. James A. McCarty, Acting District Attorney, White Plains, NY (Raffaelina Gianfrancesco and Laurie G. Sapakoff of counsel), for respondent.
THOMAS A. DICKERSON COLLEEN D. DUFFY FRANCESCA E. CONNOLLY, JJ. (Ind. No. 11-00168)
Scott B. Tulman, New York, NY, for appellant.
James A. McCarty, Acting District Attorney, White Plains, NY (Raffaelina Gianfrancesco and Laurie G. Sapakoff of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Westchester County (Hubert, J.), rendered August 16, 2012, convicting her of driving while intoxicated in violation of Vehicle and Traffic Law § 1192(3), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the People's failure to turn over an activity log prepared by a police officer who responded to the scene and assisted in the defendant's arrest was not a Rosario violation (see People v Rosario, 9 NY2d 286), because that officer did not testify at the trial and there is no evidence that the log contained a statement by a witness who did testify (see CPL 240.24[1][a]; People v Moore, 29 AD3d 825, 826; People v Simons, 280 AD2d 688; People v Williams, 229 AD2d 603, 604).
CHAMBERS, J.P., DICKERSON, DUFFY and CONNOLLY, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court