AD1 order dated April 9, 2013, affirming judgment of conviction for DWI. Decision below: 105 AD3d 472, 962 NYS2d 140. Graffeo, J., granted leave July 1, 2013.

ISSUE PRESENTED: Whether the DWI defendant opened the door to testimony about his declining to make a statement to the arresting officer by eliciting proof on cross-examination of the officer that defendant had been polite and cooperative with police, agreeing to take a breathalyzer test and various field sobriety tests. (Assigned counsel: Steven Banks, Legal Aid Society, Criminal Appeal Bureau, 199 Water Street, NYC 10038.)

door-opening in DUI case