Commonwealth v. Grimbilas

Following a jury trial in the District Court, the defendant, Nicholas Grimbilas, was convicted of two counts of indecent assault and battery on a person over the age of fourteen. On appeal, he contends that the judge erred in (1) denying his motion for a mistrial, (2) admitting hearsay testimony in violation of the first complaint doctrine, (3) refusing to provide the jury with a "good faith mistake" instruction, and (4) denying his motion to dismiss pursuant to Mass.R.Crim.P. 36(b)(1), 378 Mass. 909 (1979). We affirm.

Background. On December 21, 2012, the defendant-the long-time boy friend of…