Commonwealth v. Caterino

The defendant was convicted of trafficking in twenty-eight grams or more of cocaine in violation of G. L. c. 94C, § 32E. He contends that the trial judge erred in failing to grant his motion for a required finding of not guilty, made at the close of the Commonwealth’s case. We agree that the motion should have been granted because the Commonwealth failed to produce sufficient evidence to prove an essential element of the crime, that the defendant had actual or constructive possession of the cocaine seized during the search of an apartment where he was present.

The defendant and Sandra Brennan,…