COMMONWEALTH v. ROSARIO

No. 11-P-2005.

83 Mass. App. Ct. 640 (2013)

COMMONWEALTH v. ANGEL M. ROSARIO.

Appeals Court of Massachusetts, Hampden.

May 22, 2013.


Attorney(s) appearing for the Case

Michael Tumposky for the defendant.

Dianne M. Dillon , Assistant District Attorney, for the Commonwealth.

Present: GRAHAM, VUONO, & HANLON, JJ.


VUONO, J.

On appeal from a conviction of intimidation of a witness, the defendant contends that the judge erred in denying his motion for a required finding of not guilty. In the circumstances of this case, we conclude that the defendant's act of pointing his fingers to his head as if he were shooting a gun while stating that the victim-witness "would die" constitutes intimidation of a witness. Consequently, we affirm the defendant's conviction.

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