Opinion
13-P-1763
01-21-2015
COMMONWEALTH v. MICHAEL RUDY.
NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such 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. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant, Michael Rudy, was convicted by a jury of rape, assault with intent to rape, five counts of indecent assault and battery, two counts of open and gross lewdness, and two counts of furnishing alcohol to a minor. The defendant appealed. The defendant later moved for a new trial, which the trial judge denied, and the defendant appealed from that order. After consolidating both appeals, this court affirmed the judgments but vacated the order denying the motion for a new trial and remanded it for a hearing. After conducting an evidentiary hearing, the motion judge, who was also the trial judge, denied the defendant's motion for a new trial, and the defendant appealed. After examination of the record of the hearing on the motion for a new trial and consideration of the judge's factually and legally sound memorandum of decision, we conclude, for substantially the reasons set forth by the judge, that the defendant's motion was properly denied.
Order denying motion for new trial affirmed.
By the Court (Cypher, Fecteau & Massing, JJ.),
The panelists are listed in order of seniority.
Clerk Entered: January 21, 2015.