New York Court of Appeals
The People of the State of New York, Respondent v. Carl Berk, Appellant
April 25, 199688 N.Y.2d 257
Summary
The New York Court of Appeals affirmed the defendant's convictions for second‑degree murder and first‑degree manslaughter. The court held that CPL 250.10's notice requirement applies to any psychiatric evidence offered in support of an affirmative defense, regardless of whether the expert examined the defendant, and that the trial court did not abuse its discretion in excluding the expert testimony. The court also found no error in refusing a jury instruction that the residence was the defendant's dwelling, leaving that issue for the jury.