Commonwealth v. Perez

The defendant was charged with possession of cocaine with intent to distribute. He was convicted by a jury in the District Court of the lesser included offense of possession of a class B substance, G. L. c. 94C, § 34. He appeals, asserting insufficiency of the evidence, error in the jury instructions, and error in the denial of his motion to suppress evidence and his motion for a new trial or a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978). His claims of reversible error are primarily dependent on the issuance and execution of a so-called “no-knock” warrant that produced the…