Majority
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gallagher, J.), rendered July 13, 1984, convicting him of manslaughter in the first degree, after a nonjury trial, and imposing sentence.
Judgment affirmed.
It is well settled that where conflicting expert testimony exists, the question of sanity is for the trier of fact (see, People v Wood, 12 NY2d 69 ; People v Budhu, 72 AD2d 587 ). The trier of fact may accept or reject the opinion of an expert witness (see, People v Bell, 64 AD2d 785 ), and, in the absence of a serious flaw in the testimony of the People’s expert, the trier of fact’s finding of sanity will not be disturbed (see, People v Wood, supra; People v Jandelli, 118 AD2d 656 ; People v Mainville, 59 AD2d 809 ). In the case at bar, no such flaw exists.
Under the circumstances of this case, the People satisfied their burden of establishing the defendant’s sanity beyond a reasonable doubt (see, People v Silver, 33 NY2d 475 ), and the trial court’s verdict should not be disturbed. Lazer, J. P., Mangano, Brown and Weinstein, JJ., concur.
Cases cited
- People v. Wood 12 NY2d 69 p. 888
- People v. Bell 64 AD2d 785 p. 888
- People v. Jandelli 118 AD2d 656 p. 888
- People v. Silver 33 NY2d 475 p. 888