People v. Hayes

(Court opinion corrected 5/13/11.) Defendant was convicted, after jury trial, of first degree murder and concealment of homicidal death. Court was within its discretion in denying Defendant's request to instruct jury on involuntary manslaughter because he cannot show his actions were "reckless". Prosecutor's comment, that if jury believed Defendant's "load of baloney" that it was second degree murder, they should let him walk, was brief and isolated and did not substantially prejudice Defendant. Sentencing judge properly balanced goals of retribution and rehabilitation. (KARNEZIS and CONNORS, concurring.)