Opinion
No. 12–P–119.
2013-04-11
COMMONWEALTH v. Carlton ALBERT.
By the Court (GRASSO, BROWN & GREEN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
Upon review of the briefs, record appendix, and transcript, and after oral argument, we discern nothing that would cause us to reverse the defendant's conviction of assault and battery on a person with a disability. Apart from the absence of objections by the defendant at trial in regard to the first claim of error, each of the defendant's claims of error is controlled in material respects by settled authority.
For substantially the reasons and on the basis of authorities set out in the Commonwealth's brief, (1) the introduction in evidence of the restraining order and affidavit, (2) the admission of testimony regarding the defendant's behavior at booking, and (3) the judge's failure to instruct sua sponte on consciousness of guilt do not warrant reversal of the defendant's conviction. Moreover, we further observe that no prejudice flowed from the hearsay, as the black eye related to an incident other than the one that formed the basis of the charge on which the defendant was convicted.
Judgment affirmed.