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.