Opinion
No. 15–P–1118.
11-16-2016
COMMONWEALTH v. Sujay KUMAR.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant, Sujay Kumar, was convicted after a jury-waived trial of assault and battery. On appeal, the defendant argues that the judge erred in denying his motion for a required finding of not guilty on that charge. Although the Commonwealth is correct in its observation that the defendant's argument on appeal does not rise to the level of adequate appellate argument, we reach the merits in the interest of the efficient administration of justice.
The defendant's other charges were dismissed by the judge either prior to trial or at the close of the Commonwealth's case after allowing the defendant's motions for a required finding of not guilty.
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The evidence was sufficient for a rational fact finder to conclude, when viewing the evidence in the light most favorable to the Commonwealth, that the elements of assault and battery had been satisfied beyond a reasonable doubt. See Commonwealth v. Latimore, 378 Mass. 671, 677 (1979). The victim testified that the defendant punched her shoulder, and the Commonwealth introduced photographic evidence of the victim's resulting bruise. That evidence was sufficient to prove the elements of assault and battery.
The defendant also argues that the photograph should have been excluded because it was not sufficiently authenticated. The victim testified that a bruise resulted from the defendant's punch, she took a photograph of the bruise, and the photograph was a fair and accurate representation of her appearance a few days after the defendant punched her. That testimony was sufficient to authenticate the photograph. See Commonwealth v. Rodriguez, 457 Mass. 461, 476 (2010). There was no error.
Judgment affirmed.