Opinion
No. 11–P–942.
2013-01-30
COMMONWEALTH v. Johnetta KELLEY.
By the Court (GREEN, GRAHAM & SULLIVAN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The sole claim of error raised by the defendant in her primary brief is without record support, insofar as the record (as corrected) establishes that the prosecutor did not make the comment on which the defendant's claim is based. The judgment accordingly is affirmed.
We have reviewed the various additional claims raised in the defendant's supplemental brief, and discern no merit in any of them.
Citing Burbank v. Farnham, 220 Mass. 514, 515 (1914), the Commonwealth suggests that the appeal should be dismissed by reason of the absence of record support for the claim of error raised on appeal. In our view, the more appropriate disposition of the appeal is simply to affirm the judgment by reason of the absence of record support for the defendant's claim of error.
Judgment affirmed.