Commonwealth v. Marrero

This is a consolidated appeal from the defendant’s convictions on two indictments for assault and battery by means of a dangerous weapon and one indictment for unlawful possession of a firearm, and from the denial of a motion for new trial. The guilty verdicts were returned in connection with a drive-by shooting involving rival gangs.

1. The appellate issues. The principal issue we address arising out of the denial of the motion for a new trial involves the reach of the hearsay exception for statements against a declarant’s penal interest, where only a part or parts of a broader narrative…