Commonwealth v. Ben B.

Ben B., a juvenile, was adjudicated delinquent by a jury of unlawful possession of a firearm (G. L. c. 269, § 10[a]), and shoplifting (G. L. c. 266, § 30A). The Juvenile Court judge who presided over the trial declined to give a defense of necessity instruction in connection with the gun charge. That refusal is the sole ground of appeal.2 We affirm.

1. Facts. The juvenile embarked with his sister, Monique, on a shopping errand to Filene’s department store in downtown Boston in the early afternoon of September 29, 2000. They were accompanied by Jarius Henley, Monique’s friend. Monique was…