Commonwealth v. Aponte

After a jury-waived trial in the District Court, the defendant, Luis D. Aponte, was convicted of receiving a stolen motor vehicle. G. L. c. 266, § 28(a). The defendant appeals, arguing (1) that the Commonwealth’s evidence was insufficient to prove that the Honda Elite 44 (the vehicle) was a “motor vehicle” under G. L. c. 266, § 28(a); (2) that the Commonwealth’s evidence was insufficient to warrant a finding that the defendant knew that the motor vehicle had been stolen; and *759(3) that the trial judge improperly shifted the burden of proof to the defendant to prove that the vehicle was not a…