The defendant's appeal from the denial of his first motion for new trial was consolidated with his direct appeal, and both his convictions and the denial of the motion were affirmed by a panel of this court. See Commonwealth v. Nock, 74 Mass. App. Ct. 1126 (2009). On the relevant issues, we said,

The defendant, Troy Nock, appeals from the denial of his second motion for a new trial. The judgments and the order denying his first motion for a new trial were affirmed by a panel of this court on July 23, 2009. Commonwealth v. Nock, 74 Mass.App.Ct. 1126 (2009). His principal claim in this appeal is that appellate counsel provided ineffective assistance by failing to include, in her petition for further appellate review of the panel's 2009 decision, a claim of ineffectiveness of motion counsel appointed to represent the defendant at a hearing on the grand jury's request for a blood sample.