Azubuko v. Commonwealth

Rule 15 has no application where a judge in the trial court denies a defendant’s motion to dismiss in a criminal case. Rule 15 (a) (1) applies when a judge allows a defendant’s motion to dismiss; the rule recognizes the Commonwealth’s right to appeal in that situation. Rule 15 (a) (2) does not apply to rulings on motions to dismiss. There simply is no mechanism in Rule 15 for a defendant whose motion to dismiss has been denied to seek leave to pursue an interlocutory appeal from that ruling.1

Chukwuma E. Azubuko, pro se.

Nor was Azubuko entitled to relief from the single justice under G. L. c.…