Commonwealth v. Hill

The defendant was convicted of breaking and entering with the intent to commit a felony, G. L. c. 266, § 17. His appeal centers on the manner in which he was identified. We hold that the circumstances under which a showup identification procedure was conducted in this matter were not impermissibly suggestive, nor did the judge commit error in denying the defendant’s motion to suppress evidence of his out-of-court and in-court identifications, contrary to the arguments of the defendant on appeal. Nothing in the recent case of Commonwealth v. Martin, 63 Mass. App. Ct. 587 (2005), is to the…