Commonwealth v. Monteagudo

We granted the defendant’s application for further appellate review to consider whether the issue of egregious *485government conduct1 is for the judge or the jury. The Appeals Court concluded that the issue was for the judge. See Commonwealth v. Monteagudo, 43 Mass. App. Ct. 921 (1997). We agree with the Appeals Court in its reasoning and result. We affirm the defendant’s convictions of trafficking in cocaine and trafficking within 1,000 feet of a school.

1. The defendant acknowledged that he sold cocaine to an undercover State trooper on three occasions. He testified, however, that the trooper…