Commonwealth v. Robinson

Following a jury trial in District Court, the defendant was convicted of resisting arrest, G. L. c. 268, § 32B, and possession of a class D substance (marijuana) with intent to distribute, G. L. c. 94C, § 32C.1 On appeal, he challenges the resisting arrest conviction based on the denial of his motion for funds to try to identify eyewitnesses to his arrest. Although the defendant was eventually granted such funds prior to trial, he argues that this did not cure the initial error. We conclude that the defendant did not preserve the issue and that he cannot demonstrate a substantial risk of a…