Opinion
11-P-311
02-02-2012
COMMONWEALTH v. JERRY BIENVENU.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
On appeal, the defendant challenges the order denying his motion for a new trial. We discern no error.
The circumstances of this case are controlled in material respects by settled principles. See, e.g., Commonwealth v. Melendez-Diaz, 460 Mass. 238, 239-240 (2011). See also Commonwealth v. Arnaut, 78 Mass. App. Ct. 906 (2011).
Accordingly, based substantially on the reasoning set out in the Commonwealth's brief and the authorities cited therein, we affirm the order denying the defendant's motion for a new trial.
So ordered.
By the Court (Graham, Brown & Meade, JJ.),