| People v Martin |
| 2012 NY Slip Op 08038 [100 AD3d 930] |
| November 21, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Richard Martin, Appellant. |
—[*1] 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 County(Lorenzo, J.), rendered July 6, 2011, convicting him of driving while intoxicated, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The introduction of testimony regarding the results of a field breathalyzer test performed onthe defendant did not constitute reversible error, because this testimony was elicited after defensecounsel opened the door to the matter during opening statements and cross-examination (seePeople v Melendez, 55 NY2d 445, 451-453 [1982]; People v Vines, 51 AD3d 827 [2008]; People v Joyner, 295AD2d 625 [2002]). Moreover, any potential prejudice to the defendant was alleviated by the trialcourt's limiting instructions to the jury (see People v Vines, 51 AD3d 827 [2008]; People v Hernandez, 11 AD3d 479[2004]; People v Joyner, 295 AD2d at 625). Angiolillo, J.P., Austin, Sgroi and Miller,JJ., concur.