Commonwealth v. Rivera

This matter is not properly before us. As we held in Commonwealth v. Dunigan, 384 Mass. 1, 3-5 (1981), and thereafter in Commonwealth v. Boncore, 412 Mass. 1013, 1014 (1992), no appeal lies from the denial by a single justice of an application for leave to appeal in these circumstances. We stated in those cases that the Commonwealth’s sole remedy would be to file a petition before the full court pursuant to G. L. c. 211, § 3, and we cautioned that we would exercise our power under that statute only in exceptional circumstances. Dunigan, supra at 5. We also made clear in Boncore that we would…