People v. Oliver Berry


AD2 order dated October 23, 2013, affirming judgment of conviction. Decision below: 110 AD3d 1002, 973 NYS2d 338. Lippman, Ch.J., granted leave November 24, 2014. Argued February 9, 2016.
ISSUES PRESENTED: (1) Whether a prosecution witness’s invocation of the 5th amendment in front of the jury added critical weight to the People’s case. (2) Whether the court properly precluded expert identification testimony about the effects of stress on the accuracy of identification. (Assigned counsel for respondent: Erica Horwitz and Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC 10038.)

Invocation of 5th amendement infront of jury