People v. Benjamin

Appellate Division of the Supreme Court of New York

People v. Benjamin

2016 NY Slip Op 7668, 144 A.D.3d 934, 40 N.Y.S.3d 784

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

DecidedNovember 16, 2016

Docket2012-08472

StatusPublished

This text of 2016 NY Slip Op 7668 (People v. Benjamin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Benjamin, 2016 NY Slip Op 7668, 144 A.D.3d 934, 40 N.Y.S.3d 784 (N.Y. Ct. App. 2016).

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Opinion

Appeal by the *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.

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Appeal by the *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.

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Bluebook (online)

2016 NY Slip Op 7668, 144 A.D.3d 934, 40 N.Y.S.3d 784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benjamin-nyappdiv-2016.

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