Majority
p. 934The People of the State of New York, Respondent, v Melissa D. Benjamin, Appellant. [40 NYS3d 784]
Appeal by the
p. 935
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 trial and there is no evidence that the log contained a statement by a witness who did testify (see CPL 240.45 [1] [a]; People v Moore, 29 AD3d 825 , 826 [2006]; People v Simons, 280 AD2d 688 [2001]; People v Williams, 229 AD2d 603 , 604 [1996]).
Chambers, J.P., Dickerson, Duffy and Connolly, JJ., concur.
Cases cited
- People v. Rosario 9 NY2d 286 p. 935
- People v. Moore 29 AD3d 825 at 826 p. 935
- People v. Williams 229 AD2d 603 at 604 p. 935