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PEOPLE v. BERNSTEIN

255 A.D.2d 388 (1998)

679 N.Y.S.2d 846

The People of the State of New York, Respondent, v. Arnold A. Bernstein, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 9, 1998

Ordered that the judgment is affirmed.

The general rule is that where conflicting expert testimony is presented, the question of whether or not the defendant suffered from a mental disease or defect at the time of the commission of the crime is primarily for the trier of fact, who has the right to accept or reject the opinion of any expert (see, People v Yong Ho Han, 200 A.D.2d 780; People v Hamilton,

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