COMMONWEALTH v. CONG DUC LE


444 Mass. 431 (2005)

COMMONWEALTH vs. CONG DUC LE (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

June 2, 2005.


Attorney(s) appearing for the Case

Christopher Pohl, Assistant District Attorney, for the Commonwealth.

Susan F. Damiano for Tung Ouoc Huynh.

Victor H. Ascolillo for Cong Duc Le.

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


SOSMAN, J.

The defendants, Cong Duc Le and Tung Ouoc Huynh, were convicted of assault and battery in the beating of Khanh Luong.2 On appeal, they contend that the trial judge erroneously allowed a detective's testimony concerning a pretrial identification to be used as substantive evidence (and not merely as impeachment) when the identifying witness denied having made such an identification. See Commonwealth v. Daye,

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