Commonwealth v. Borgos

On November 24, 2009, a jury convicted the defendant, Luis Alberto Montalvo Borgos, of murder in the first degree on the theory of deliberate premeditation. Represented by new counsel on appeal, the defendant argues error in (1) the *24denial of his motion to suppress out-of-court photographic identifications made by four witnesses; (2) the admission of testimony that two witnesses feared for their lives; and (3) the admission of testimony that the defendant sold drugs. The defendant also seeks relief pursuant to G. L. c. 278, § 33E. We affirm the defendant’s conviction and discern no basis to…