Commonwealth v. Perez

On January 20,1987, a jury convicted the defendant, Dario Perez, on two indictments charging possession of cocaine with the intent to distribute, and on one indictment charging unlawful distribution of cocaine. The defendant was sentenced to a term of from six to eight years on each conviction, all to be served concurrently. The defendant appealed, and we transferred the matter here on our own motion.

In challenging his convictions, the defendant argues that a substantial risk of a miscarriage of justice was created when a police officer, who was also a prosecution witness, sat at counsel…