COMMONWEALTH v. AZAR


435 Mass. 675 (2002)

COMMONWEALTH v. DAVID M. AZAR

Supreme Judicial Court of Massachusetts, Middlesex.

January 23, 2002.


Attorney(s) appearing for the Case

Richard J. Fallon for the defendant.

Marguerite T. Grant, Assistant District Attorney (Elizabeth A. Keeley, Assistant District Attorney, with her) for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN. SOSMAN, & CORDY, JJ.


MARSHALL, C.J.

When a criminal defendant's conviction has been affirmed on direct appeal and the defendant thereafter moves for a new trial, raising for the first time an issue that could have been raised at the trial or on appeal, interests of finality and the fair and efficient administration of justice must be weighed in addition to "the ever-present concern that justice not miscarry for the defendant." Commonwealth v. Curtis, 417...

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