Opinion
2012-11-21
The PEOPLE, etc., 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.
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.
Appeal by the defendant from a judgment of the County Court, Westchester *894County (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 N.Y.2d 445, 451–453, 449 N.Y.S.2d 946, 434 N.E.2d 1324;People v. Vines, 51 A.D.3d 827, 859 N.Y.S.2d 661;People v. Joyner, 295 A.D.2d 625, 744 N.Y.S.2d 877). Moreover, any potential prejudice to the defendant was alleviated by the trial court's limiting instructions to the jury ( see People v. Vines, 51 A.D.3d 827, 859 N.Y.S.2d 661;People v. Hernandez, 11 A.D.3d 479, 782 N.Y.S.2d 776;People v. Joyner, 295 A.D.2d at 625, 744 N.Y.S.2d 877).