Court of Appeals of New York

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People v. Berry, 26

Conviction for murder in the second degree and related offenses are affirmed where the trial court: 1) properly permitted the People to call a government witness who invoked his Fifth Amendment rights before receiving immunity; 2) properly permitted the government to use a redacted statement for the limited purpose of impeaching its own witness; and 3) did not abuse its discretion by precluding defendant's expert from testifying with regard to the effects of event stress on eyewitness identification.

Appellate Information

  • Decided
  • Published 2016/03/29




  • Court of Appeals of New York


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