Commonwealth v. Debrito-Lopez

Following a jury-waived trial, the defendant, Manoel Debrito-Lopez, was convicted, inter alia, of unlawful possession of a class A substance (heroin) and unlawful possession of a class B substance (cocaine).2 On appeal, the defendant argues that the trial judge erred by denying his motion for required findings of not guilty and his motion to dismiss pursuant to Commonwealth v. McCarthy, 385 Mass. 160 (1982). Concluding that the Commonwealth provided sufficient evidence of constructive possession, we affirm.

1. Motion for required findings. When reviewing the denial of a motion for a required…