Legal Opinion
People v. Berk
New York Court of Appeals
Decided April 25, 1996PublishedCited by 81 opinions
1Opinion of the Court
OPINION OF THE COURT
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 their marriage in 1989, defendant and Virginia Pod Berk began to have marital problems. In October 1992, she initiated divorce proceedings. As a result of their marital discord, defendant…
2Cases cited5 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- People v. PattersonNew York Court of Appeals · 1976
- People v. SegalNew York Court of Appeals · 1981
- People v. Di DonatoNew York Court of Appeals · 1996
- Ronson v. Commissioner of CorrectionDistrict Court, S.D. New York · 1978
3Cited by81 opinions
- People v. AlmonorNew York Court of Appeals · 1999
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2009
- People v. SilburnCourt for the Trial of Impeachments and Correction of Errors · 2018
- People v. DiazNew York Court of Appeals · 2010
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2010
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