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PEOPLE v. MARTIN

2011-07596.

100 A.D.3d 930 (2012)

953 N.Y.S.2d 893

2012 NY Slip Op 8038

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD MARTIN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

November 21, 2012.

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 [1982]; People v Vines, 51 A.D.3d...

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