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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

624 chars
Second, passing over whether the hearsay evidence was provided by a disinterested witness,3 the judge also justifiably found that the hearsay evidence (1) was based upon personal knowledge and/or direct observation, (2) involved observations close in time to the events in question, (3) was provided under circumstances that support the veracity of the victim's statements, and (4) was factually detailed. See Commonwealth v. Patton, 458 Mass. 119, 133 (2010). Credibility determinations and weighing of the evidence are within "the exclusive province of the hearing judge." Commonwealth v. Bukin, 467 Mass. 516, 521 (2014).