Commonwealth v. Velasquez

At his bench trial in District Court on a charge of possession of cocaine with intent to distribute (G. L. c. 94C, § 32A), Velasquez’s defense was that his was an innocent and unaware presence in an apartment from which that drug was being sold. At the close of the Commonwealth’s evidence, he *148moved for a required finding of not guilty, Mass.R.Crim.P. 25(a), 378 Mass. 896 (1979), a motion that was denied. The trial judge found Velasquez guilty. On appeal, the defendant’s principal claim of error is the denial of his rule 25(a) motion. Subsidiary to that question is whether the judge applied…