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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

549 chars
Regardless, the hearsay statements were far from the sole basis for the judge's finding of a violation. Indeed, even if the victim's statements were excluded entirely, the judge still heard and credited the testimony of the officer who actually witnessed portions of the assault and battery. There was overwhelming support for a revocation finding by a preponderance of the evidence, exclusive of any hearsay statements. There was no error and no substantial risk of a miscarriage of justice. Order revoking probation and imposing sentence affirmed.