Legal Opinion
People v. Bernstein
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1998PublishedCited by 3 opinions
1Opinion of the Court
—Appeal by the defendant from a judgment of the County Court, Orange County (Colabella, J.), rendered April 6, 1994, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
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 AD2d 780;…
2Cases cited7 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. Yong Ho HanAppellate Division of the Supreme Court of the State of New York · 1994
- People v. EnchauteguiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. Van HullAppellate Division of the Supreme Court of the State of New York · 1990
- People v. AmayaAppellate Division of the Supreme Court of the State of New York · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. LawAppellate Division of the Supreme Court of the State of New York · 2000
- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2007
- People v. HillAppellate Division of the Supreme Court of the State of New York · 2000