People v. Berk

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree and manslaughter in the first degree. On October 24, 1992, defendant entered the bedroom of his estranged wife, Virginia, while she was engaged in sexual activity with Joseph Valvo, with whom she had recently begun an affair. Defendant fatally shot Valvo. After Valvo was shot, Virginia fled to the kitchen, where she telephoned the police and pleaded frantically for them to come and for an ambulance for Valvo. A tape of that telephone call, in evidence…