Commonwealth v. Montoya

In 2006, a jury convicted the defendant of resisting arrest. G. L. c. 268, § 32B. The trial judge previously had denied the defendant’s motion and renewed motion for a required finding of not guilty. The defendant appealed, and the Appeals Court affirmed. Commonwealth v. Montoya, 73 Mass. App. Ct. 125 (2008). We granted the defendant’s application for further appellate review. On appeal, the defendant’s sole claim is that the judge erred in denying his motions where there was insufficient evidence that his flight from police while they were ef- feeling his arrest created a substantial risk of…