Commonwealth v. Daley

Following a bench trial in the District Court, the defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor (fifth offense), G. L. c. 90, § 24(l)(a)(l), and negligent operation of a motor vehicle, G. L. c. 90, § 24(2)(«). He appeals only from his conviction of negligent operation of a motor vehicle, claiming that (1) the judge erred in denying his motion for a required finding of not guilty; and (2) the prosecutor made improper comments in closing argument.

We conclude that the evidence of the defendant’s erratic driving, combined with evidence of…