From Casetext: Smarter Legal Research

People v. Oliver

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1988
139 A.D.2d 536 (N.Y. App. Div. 1988)

Opinion

April 4, 1988

Appeal from the Supreme Court, Kings County (Aiello, J.).


Ordered that the judgment is affirmed.

The defendant was convicted of manslaughter in the second degree in the beating death of his five-year-old son. We cannot agree with his claim that the prosecutor's summation was so inflammatory that he was denied a fair trial. A review of the summation reveals that several of the remarks which the defendant claims to be offensive have not been properly preserved for appellate review (see, People v. Medina, 53 N.Y.2d 951), and that the statements to which the defendant did object were either proper arguments advanced by the prosecutor based on the evidence, or a fair response to the defense counsel's summation (see, People v. Saylor, 115 A.D.2d 671, lv denied 67 N.Y.2d 889). In any event, even if any of the prosecutor's remarks were considered to be inappropriate, in light of the overwhelming evidence of the defendant's guilt, reversal would not be required (see, People v. Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837).

The defendant's contention that his sentence is excessive is without merit. In light of the heinous nature of the crime and his complete lack of remorse, the trial court did not abuse its discretion in sentencing him to the maximum term (see, People v Mauceri, 118 A.D.2d 735, lv denied 67 N.Y.2d 1054). Thompson, J.P., Brown, Weinstein and Balletta, JJ., concur.


Summaries of

People v. Oliver

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1988
139 A.D.2d 536 (N.Y. App. Div. 1988)
Case details for

People v. Oliver

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO OLIVER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 4, 1988

Citations

139 A.D.2d 536 (N.Y. App. Div. 1988)

Citing Cases

People v. Torres

Ordered that the judgment is affirmed. We find unpersuasive the defendant's contention that he was denied a…