Legal Opinion

People v. Benjamin

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

Decided November 16, 2016No. 2012-08472Published

1Opinion of the Court

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 [1961]), because that officer did not testify at the…

2Cases cited4 opinions

  1. People v. RosarioNew York Court of Appeals · 1961
  2. People v. MooreAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. SimonsAppellate Division of the Supreme Court of the State of New York · 2001

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API