New York Court of Appeals
The People of the State of New York v. Alfred Berg and Camillo Lovacco
June 9, 198359 N.Y.2d 294
Summary
The Court reversed the Appellate Division and reinstated the defendants' convictions, holding that the trial judge did not abuse discretion by calling a material witness who had indicated he would refuse to testify. The majority found no prosecutorial misconduct and deemed the curative jury instruction sufficient to prevent prejudice; a dissent argued the opposite.