Commonwealth v. Pagano

A Superior Court jury convicted the defendant of armed robbery while masked (G. L. c. 265, § 17). The robbery in question, of an employee of a PetroPlus gas station in Malden, occurred on the night of September 9, 1996, inside the station’s convenience store where the cash register was. The defenses were misidentification and alibi.

According to the evidence presented at trial, Karim Slaoui, *56the employee and only percipient witness, saw someone walking around the gas pumps looking toward the store. It was about 10:00 p.m. The man stood about ten to fifteen feet away. From his vantage point…