Commonwealth v. Robinson

The defendant, Robert Robinson, was convicted by a Superior Court jury of unarmed robbery, G. L. c. 265, § 19(b), and assault and battery, G. L. c. 265, § 13A, occurring in New Bedford on April 11, 2004. On appeal he claims error (1) in the admission of the victim’s prior recorded testimony; (2) in the admission of other hearsay testimony; and (3) by ineffective assistance of counsel for failure to preserve constitutional error. We reverse the convictions because the prior recorded testimony should not have been admitted.

1. Background. On April 11, 2004, the victim, Mario Perez, was beaten…