A divided panel of the Appeals Court affirmed the judgments. Commonwealth v. Cullen, 18 Mass. App. Ct. 644, 645 (1984). We granted the defendant's application for further appellate review.
November 29, 1984.Further appellate review granted: Reported below: 18 Mass. App. Ct. 644 (1984).
Commonwealth v. Vailes, 360 Mass. 522, 524 (1971). There was ample support in the record for the judge's conclusion, Commonwealth v. Cullen, 18 Mass. App. Ct. 644, 644-645 (1984), and there was no error. 2.
Similarly, there is no merit in the defendant's contention (on appeal) that he was entitled to a required finding of not guilty because due to the strength of his testimony the "Commonwealth's case deteriorated between the time the Commonwealth rested and the close of all the evidence." Commonwealth v. Cullen, 18 Mass. App. Ct. 644, 652 (1984) (Kass, J., dissenting). See Commonwealth v. Kelley, 370 Mass. 147, 150 n. 1 (1976).