Opinion
No. 12–P–683.
2013-04-4
COMMONWEALTH v. Alan BRODZINSKI.
By the Court (VUONO, RUBIN & SULLIVAN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The admission of certified copies of the defendant's previous convictions in this case did not violate the confrontation clause of the Sixth Amendment to the United States Constitution. See Commonwealth v. Weeks, 77 Mass.App.Ct. 1, 3–8 (2010). As a consequence, even if any of the Registry of Motor Vehicles documents admitted without objection were admitted in error, there was no substantial risk of a miscarriage of justice or ineffective assistance of counsel because the evidence they contained was cumulative of the evidence contained in the properly admitted certified copies of the defendant's convictions. Any error in the admission of the evidence of nonverbal pointing by a witness was harmless, since any hearsay it might be thought to have contained was relevant only to the charge of leaving the scene of property damage, G.L. c. 90, § 24(2)( a ), a charge of which the defendant was acquitted.
Judgment affirmed.