Opinion
12-P-858
05-03-2013
COMMONWEALTH v. MATTHEW J. PIKE.
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
After a jury waived trial in the District Court the defendant was convicted of failing to register as a sex offender, G. L. c. 6, § 178H(a). He has appealed asserting claims of insufficiency of evidence and ineffective assistance of counsel. We affirm.
Ineffective assistance. 'We begin with the well-established principle that the preferred method for raising a claim of ineffective assistance of counsel is through a motion for a new trial. See Commonwealth v. Saferian, 366 Mass. 89, 90 n.1 (1974).' Commonwealth v. Zinser, 446 Mass. 807, 810 (2006). The defendant's claim is made entirely on the trial record, and lacks an affidavit of counsel. The adequacy of counsel's cross-examination and the decision whether to file a motion to dismiss are archetypical of claims requiring knowledge of the proceedings and insight to strategy. Accordingly we decline to consider this claim. Insufficiency. Considering the record under the familiar Latimore standard, there was sufficient evidence to support the defendant's conviction. Commonwealth v. Latimore, 378 Mass. 671, 677 (1979). See Commonwealth v. Ruci, 409 Mass. 94, 96 (1991). For the reasons enunciated in detail on pages 25 through 28 of the Commonwealth's brief, the evidence, especially the testimony of the defendant's probation officer that the defendant left her a voicemail message indicating that he had relocated to an unidentified address, established all the elements of the offense.
Judgment affirmed.
By the Court (Grasso, Katzmann & Grainger, JJ.),