COMMONWEALTH v. SMITH

No. 98-P-1500.

49 Mass. App. Ct. 127 (2000)

COMMONWEALTH v. RICHARD D. SMITH.

Court of Appeals of Massachusetts, Berkshire.

April 14, 2000.


Attorney(s) appearing for the Case

Victoria L. Nadel for the defendant.

Joseph A. Pieropan, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, KAPLAN, & RAPOZA, JJ.


GREENBERG, J.

A judge in the Superior Court found the defendant guilty of being an accessory before the fact to two counts of armed robbery. A subsequent motion for a new trial, see Mass.R.Crim.P. 30(b), 378 Mass. 900 (1979), was denied by the same trial judge without an evidentiary hearing. The defendant appeals from the judgments and from the order denying his motion for a new trial.

Represented by new counsel in his direct appeal, the defendant argues that...

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