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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Commonwealth v. Nieves, 125 N.E.3d 800 (2019)

Citation
Commonwealth v. Nieves, 125 N.E.3d 800 (2019)
Parent Document
Commonwealth v. Nieves, 125 N.E.3d 800 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-05-15

Full Text

536 chars
Discussion. On appeal, the defendant argues that the victim's pleas to the defendant to stop his assault, overheard by the police, were unreliable, inadmissible hearsay. Specifically, he takes umbrage with the hearing judge's finding that the statements were provided by a disinterested witness. Because the defendant did not object to the hearsay at the hearing, the claim is reviewed only to determine whether there was a substantial risk of a miscarriage of justice. Commonwealth v. Pickering, 479 Mass. 589, 596 (2018). We see none.