Legal Opinion

People v. Martin

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 2012Published

1Opinion of the Court

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 [1982]; People v Vines, 51…

2Cases cited4 opinions

  1. People v. MelendezNew York Court of Appeals · 1982
  2. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. JoynerAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. VinesAppellate Division of the Supreme Court of the State of New York · 2008

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