People v. Balls
The defendant, charged with manslaughter in the second degree, was convicted of criminally negligent homicide for the death of his seven-week-old daughter. The primary issue on appeal was whether the prosecutor's summation comments regarding the defendant's prearrest silence constituted reversible error. The court found these comments to be a permissible 'response in kind' to the defense's characterization of the defendant's behavior and deemed them harmless error, citing overwhelming evidence of guilt, including medical testimony of a comminuted skull fracture. The judgment was affirmed, and the imposed sentence of 1 1/3 to 4 years imprisonment was upheld.