Opinion
10-P-2126
09-28-2011
COMMONWEALTH v. MARTIN MONTERO.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 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.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant's case is controlled, adversely to him, in all material respects by Commonwealth v. Melendez-Diaz, 460 Mass. 238 (2011), a view which defendant's counsel acknowledged in his affidavit in support of the defendant's motion to stay appeal.
Order entered July 16, 2010, denying motion for new trial affirmed.
By the Court (Kantrowitz, Graham & Fecteau, JJ.),