People v. Benjamin

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]).