Commonwealth v. Fernandez

Convicted of possession of heroin with intent to distribute, possession of heroin with intent to distribute within 1,000 feet of a school, and knowingly being present where heroin is kept, the defendant has appealed, alleging that the evidence was insufficient to sustain his convictions.

At about 7:45 p.m. on August 23, 1995, two plainclothes officers in a van were conducting a surveillance of an area of Lynn where residents had been complaining about “beeper meets,” that is, drug sales conducted by means of a prearranged rendezvous between a buyer and seller, with the seller typically picking…