PEOPLE v. BERK


88 N.Y.2d 257 (1996)

667 N.E.2d 308

644 N.Y.S.2d 658

The People of the State of New York, Respondent, v. Carl Berk, Appellant.

Court of Appeals of the State of New York.

Decided April 25, 1996.


Attorney(s) appearing for the Case

Joel L. Daniels, Buffalo, Linda S. Reynolds and Barbara J. Davies for appellant.

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Susan D. Nusbaum and John J. DeFranks of counsel), for respondent.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


Chief Judge KAYE.

Upon discovering his wife in bed with another man, defendant fatally shot both of them. On appeal from his convictions for second degree murder and first degree manslaughter, defendant argues that he was deprived of a fair trial by exclusion of expert psychiatric testimony and by the court's charge regarding justification. We disagree with both contentions.

I.

Shortly after...

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