People v. Berger
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant was convicted, following a jury trial, of murder in the second degree (Penal Law § 125.25 [1]) for the execution-style killing of Patrick Vitarelli. The jury heard testimony from two witnesses, Frank Vicaretti and James Ryan, both of whom stated that they were present at the site of the murder outside a rural farmhouse in Canaseraga. Vicaretti and Ryan testified that they observed the murder from a short distance. There is considerable conflict, however, between their versions of the incident, especially as…
2Cases cited10 opinions
- People v. SandovalNew York Court of Appeals · 1974
- People v. MaliziaNew York Court of Appeals · 1984
- People v. VentimigliaNew York Court of Appeals · 1981
- People v. AlmodovarNew York Court of Appeals · 1984
- People v. DokesNew York Court of Appeals · 1992
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. RussellAppellate Division of the Supreme Court of the State of New York · 1993
- People v. VargasAppellate Division of the Supreme Court of the State of New York · 1994
- People v. HimkoAppellate Division of the Supreme Court of the State of New York · 1997
- People v. ColeAppellate Division of the Supreme Court of the State of New York · 1994
- People v. DiMartinoAppellate Division of the Supreme Court of the State of New York · 1994
6 more not listed; retrieve them via the Exa API.