Opinion
January 29, 1980.
The case was submitted on briefs.
Robert L. Sheketoff for the defendant.
William D. Delahunt, District Attorney, Charles J. Hely Sydney Hanlon, Assistant District Attorneys, for the Commonwealth.
The appeal is from the order of a single justice denying the relief sought by the defendant under G.L.c. 279, § 4 (as most recently amended by St. 1979, c. 344, § 49), and Mass.R.Crim.P. 31(a), 378 Mass. 902 (1979). A perusal of the record before the single justice, of his order and of the twenty-seven lines of argument in the defendant's brief on appeal leaves us unpersuaded that the single justice erred in concluding that "the [defendant] has not demonstrated a reasonable likelihood of success on appeal as that standard is defined in Commonwealth v. Levin, 7 Mass. App. Ct. 501, 503 (1979), and Commonwealth v. Allen, 378 Mass. 489, 499 (1979), so as to warrant a stay."
Order affirmed