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Commonwealth v. Revaleon

Appeals Court of Massachusetts.
Jun 27, 2012
969 N.E.2d 749 (Mass. App. Ct. 2012)

Opinion

No. 11–P–1419.

2012-06-27

COMMONWEALTH v. Jeffrey REVALEON.


By the Court (CYPHER, HANLON & CARHART, JJ.).

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

The defendant, Jeffrey Revaleon, was convicted by a jury of aggravated rape, assault and battery, unarmed robbery, and burglary with assault. This court affirmed the defendant's convictions in his direct appeal on February 20, 2004. Commonwealth v. Revaleon, 60 Mass.App.Ct. 1113 (2004). He now appeals from the denial of his original, supplemental, and amended motions for new trial.

We review a decision denying a motion for new trial under Mass.R.Crim.P. 30(b), as appearing in 435 Mass. 1501 (2001), “to determine whether there has been a significant error of law or other abuse of discretion.” Commonwealth v. Grace, 397 Mass. 303, 307 (1986). Where, as here, the motion judge was the trial judge, we afford “special deference.” Commonwealth v. Buk, 64 Mass.App.Ct. 760, 762 (2005). See generally Smith, Criminal Practice and Procedure § 41 (3d. ed. 2007 & Supp.2011). We conclude for substantially the reasons set forth in the motion judge's careful and thoughtful decision, that the various motions for new trial were properly denied.

Order denying defendant's original, supplemental, and amended motions for new trial affirmed.


Summaries of

Commonwealth v. Revaleon

Appeals Court of Massachusetts.
Jun 27, 2012
969 N.E.2d 749 (Mass. App. Ct. 2012)
Case details for

Commonwealth v. Revaleon

Case Details

Full title:COMMONWEALTH v. Jeffrey REVALEON.

Court:Appeals Court of Massachusetts.

Date published: Jun 27, 2012

Citations

969 N.E.2d 749 (Mass. App. Ct. 2012)
82 Mass. App. Ct. 1104