Commonwealth v. Wray

The majority concludes that the defendant was denied a fair trial due to the judge’s error on an evidentiary matter. While I agree that the judge’s ruling was in error, I part company with the majority on whether the matter was properly preserved as well as its view that the error resulted in unfair prejudice to the defendant, or (because the claim was not preserved) whether the error created a substantial risk of a miscarriage of justice. Because I do not believe a new trial is required, I respectfully dissent.

*410During cross-examination of the victim, defense counsel impeached the victim with…