Commonwealth v. Montoya

At the conclusion of a jury trial, the defendant was found guilty of resisting arrest in violation of G. L. c. 268, *126§ 32B(a), inserted by St. 1995, c. 276 (hereinafter § 32B[a]). He argues on appeal that because the evidence was insufficient to show that his actions constituted resisting arrest within the comprehension of the statute, the judge erred in denying his motion for a required finding of not guilty. See Mass.R.Crim.P. 25, as amended, 420 Mass. 1502 (1995). We affirm the judgment.2

1. The facts. We relate the pertinent facts in the light most favorable to the Commonwealth, as required…